Immigration Law

USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

"USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence.

Read the advance version of the notice of proposed rulemaking: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility. Once the notice of proposed rulemaking is published in the Federal Register, the public will have 60 days from the date of publication to comment. To submit comments, follow the instructions in the notice.

The changes, proposed in the interests of family unity and to enhance customer service, would take effect on the date indicated in the final rule when the final rule is published in the Federal Register.

Currently, the Department of Homeland Security (DHS) allows certain immediate relatives – specifically certain parents, spouses and children of U.S. citizens -- who are in the United States to request a provisional unlawful presence waiver before departing for consular processing of their immigrant visas. The waiver currently is only available to those immediate relatives whose sole ground of inadmissibility would be unlawful presence under section 212(a)(9)(B)(i) of the Immigration and Nationality Act and who can demonstrate that the denial of the waiver would result in extreme hardship to their U.S. citizen spouse or parent.

Under the proposed rule, USCIS may grant a provisional waiver to foreign nationals if they are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence. The proposed rule also would expand who may be considered a qualifying relative for purposes of the extreme hardship determination to include lawful permanent resident spouses and parents.  

These proposed changes do not take effect with the publication of the notice of proposed rulemaking. When the final rule is published, the final rule will indicate the date on which foreign nationals may begin to apply for provisional unlawful presence waivers under the changes.

At this time, foreign nationals should not submit applications requesting provisional unlawful presence waivers based on the proposed changes. USCIS may deny any such application filed before the effective date indicated in the final rule, once the final rule is published.

For more information, see the Provisional Unlawful Presence Waivers page." - USCIS, July 15, 2015.

  • Under the proposed manage, USCIS may give a temporary waiver to remote nationals in the event that they are statutorily qualified for a settler visa and for a waiver of forbidden nature in view of unlawful nearness. The proposed govern likewise would grow who might be viewed as a qualifying relative for motivations behind the outrageous hardship assurance to incorporate legal perpetual occupant companions and guardians. <a href="www.essayavenue.co.uk/">Essay Writing Service</a>

  • This rugged leather vest is for men. It is made up of 100% real leather. It has a shirt collar with button closure, most of Harley biker love to wear it. Its ruff buff dark brown color makes it look attractive. Grab one for you now!

    <a href="www.mauvetree.com/.../">Brown Vest Men</a>

  • Thank You For providing this information.. your blog is really creative and is a big source of getting information from here and it shows your efforts as well. www.theacademicpapers.co.uk/assignment-writing-services-uk.php

  • Under current USCIS arrangement, forswearing of an I-601A is conclusive (no intrigue), however USCIS would not allude you to ICE for expulsion except if the I-601A was denied for a reason that would make you a need for evacuation (e.g., denied in light of the fact that you have a genuine lawful offense conviction www.prodissertationhelp.co.uk/ ). Whenever denied, you could reapply for the I-601A (and pay the expense once more), you could go to your meeting in any case and apply for an I-601 subsequent to getting denied, or you could simply hang tight for another thing to change in the law.

  • I really Appreciate your effort thanks for such info