USCIS Announces Proposed Rule Affecting Certain Waivers.

The U.S. Citizenship and Immigration Services (USCIS) announced plans to reduce wait times abroad for the certain immediate relatives of United States Citizens applying for lawful permanent residence. Immediate relatives seeking permanent residence are required to interview at a U.S. consulate abroad.  Applicants who trigger a three or ten-year unlawful presence bar upon departing from the United States must also apply for a waiver of that bar.  Currently, individuals can only apply for the waiver abroad, after an initial interview at the consulate establishing the unlawful presence bar.  The proposed change would allow certain immediate relatives of United States Citizens to apply for the waiver of unlawful presence while in the United States.  If the individual is found eligible, the USCIS would grant a provisional waiver. That individual would then depart the United States and visit a U.S. consulate abroad to apply for an immigrant visa.  This process will be implemented only after the USCIS issues a final rule.

Read the USCIS’ Notice of Intent here.

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