01/02/2013
Provisional Waivers Available Starting March 04, 2013
Secretary Napolitano announced the final rule for the Provisional Waiver Process for Immediate Relatives of United States Citizens. This change is meant to promote family unity during the waiver process.
Today's announcement means those who are immediate relatives (spouses, unmarried children under 21) of United States Citizens may apply for a waiver of inadmissibility BEFORE leaving the United States to complete consular processing to receive Legal Permanent Resident Status, or a "Green Card". You will still be required to leave the United States to finish the process, but you will leave knowing that USCIS has already "provisionally" approved your case for a waiver of inadmissibility.
This change will take effect on March 04, 2013. You will still need to prove extreme hardship and have no other (criminal, health) grounds of inadmissibility. New forms will become available at USCIS. While cases still may be denied by the office abroad, USCIS does not foresee this to be a regular issue and believes most cases that are provisionally approved will receive final approval.
Please see the announcement from USCIS here: www.uscis.gov/provisionalwaiver
On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register requesting public comment on its plan to create an alternative process for certain immediate relatives of U.S. citizens to apply for and receive a provisional wa...
