On January 3, 2013, USCIS published a new rule which allows certain aliens who are immediate relatives of United States citizens to apply for waivers of inadmissibility for the unlawful presence bar without leaving the United States.
Previously, aliens who entered the country illegally and were married to United States citizens or had United States adult children had to depart the United States to apply for a green card. During the process they would also have to seek waiver of inadmissibility for "unlawful presence." Review of the waiver application could take months or years. Families would be separated from their loved ones with no certainty of how long or whether the family member applying for the green card would come back at all.
The new rule will benefit individuals who crossed the border illegally and who are now married to a United States citizen or have an adult United States citizen child. Applicants will now be able to apply for the waiver before leaving the United States and obtain a provisional approval of the waiver.
The new rule is called the "Provisional Unlawful Presence Waiver." There are two benefits to the rule. First, it will shorten the time family members will be separated when applying for a green card at the United States consulate. Second, applicants will not face the uncertainty of being trapped outside of the United States in the event the waiver is denied.
The waiver is submitted on Form I-601A. USCIS will begin accepting waiver applications under the new rule on March 4, 2013.
Contact The Chander Law Firm if you have questions regarding the Provisional Unlawful Presence Waiver program.