U.S. Proposes Unlawful Presence Waiver Rules

WASHINGTON (CN) - The U.S. Citizenship and Immigration Services plan to allow certain immediate relatives of U.S. citizens who are in the United States to request provisional unlawful presence waivers before leaving the U.S. for consular processing of their immigrant visa applications. The USCIS anticipates that the proposed changes would significantly reduce the length of time U.S. citizens are separated from their immediate relatives who are required to remain outside of the United States for immigrant visa processing and during adjudication of a waiver of inadmissibility for the unlawful presence.

After the USCIS begins accepting provisional unlawful presence waiver applications, the filing or approval of a provisional unlawful presence waiver application would not confer any legal status, protect against the accrual of additional unlawful presence, authorize an alien to enter the United States without securing a visa or other appropriate entry document, convey any interim benefits (e.g., employment authorization, parole, or advance parole), or protect an alien from being placed in removal proceedings or removed from the United States.

The USCIS would begin accepting provisional waiver applications only after a final rule is issued and the procedural change becomes effectiveClick the document icon for this regulation and others

Click the document icon for this regulation and others.

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