USCIS Proposes Provisional Waiver Program for Unlawful Presence

On January 6, 2012, USCIS announced proposed regulatory changes in the processing of waivers of inadmissibility intended to significantly reduce the time U.S. citizens are separated from spouses and children while family members are seeking immigrant visas. The purpose is to minimize bureaucratic delays separating family caused by waivers of inadmissibility for unlawful presence. The family member would be able to apply for a waiver of the unlawful presence bar of inadmissibility before departing the United State for consular processing of the immigrant visa. USCIS will adjudicate the waiver and if granted, the family member would be granted a provisional waiver. When the individual departs the United States to attend the immigrant interview at a United States consulate abroad, the duration of time which the family member would have to remain outside the United States would be reduced because the waiver, which was previously adjudicated after the family member departed the United States, would already be granted. The provisional waiver program would not apply to other grounds of inadmissibility, like crime. Related Links Transcript: Press Conference: USCIS to Propose Changing the Process for Certain Waivers on Unlawful Presence, Jan. 6, 2012


About the Author

Vishal Chander is an immigration attorney and founder of The Chander Law Firm PC in New York City. He advises employers and individuals on U.S. immigration strategy, including H-1B, PERM, and employment-based compliance.

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