USCIS approves I-601 Provisional Waiver

On January 2, 2013, Secretary of Homeland Security Janet Napolitano announced the posting of the final rule regarding the I-601 Provisional Unlawful Presence Waiver to the Federal Register. The new rule is set to take effect on March 4, 2013 (USCIS will not adjudicate these waivers before this date).

Under the current law, immediate relatives of US Citizens who have entered illegally or overstayed their visas, and who are seeking LPR (Lawful Permanent Resident) status must leave the United States and obtain an immigrant visa abroad (in addition to qualifying for the I-601 Waiver of Inadmissibility). This process can take many months and the resulting separation can be distressing. Further, in order to qualify under the current and future law, the applicant must demonstrate that there will be an extreme hardship to a qualifying US Citizen relative.

Commencing March 4, immediate relatives must still depart the US for the consular visa processing; however, they can obtain the waiver prior to departing the US and greatly speed up the process.

For more information on this long overdue program, visit:

http://tinyurl.com/aggdedh (USCIS)

And,

http://ailaleadershipblog.org/2013/01/04/six-things-you-need-to-know-about-stateside-processing-of-i-601a-waivers-2/

When the new program is implemented, be sure to give our office a call at 949-440-3240 or visit www.kpimmigrationlaw.com to see how we can assist in your I-601 Waiver application.