Expansion of Provisional Unlawful Presence Waivers of Inadmissibility (U.S. Citizenship and Immigration Services Regulation) (USCIS) by The Law LibraryThe Law Library presents the complete text of the Expansion of Provisional Unlawful Presence Waivers of Inadmissibility (U.S. Citizenship and Immigration Services Regulation) (USCIS) (2018 Edition).
Updated as of May 29, 2018
This final rule, consistent with the Immigration and Nationality Act (INA), expands the class of individuals who may be eligible for a provisional waiver of certain grounds of inadmissibility based on the accrual of unlawful presence in the United States. The provisional unlawful presence waiver (“provisional waiver”) process allows certain individuals who are present in the United States to request from U.S. Citizenship and Immigration Services (USCIS) a provisional waiver of these grounds of inadmissibility before departing the United States for consular processing of their immigrant visas—rather than applying for a waiver abroad after their immigrant visa interviews using the Form I-601, Waiver of Grounds of Inadmissibility (“Form I-601 waiver process”). The provisional waiver process is designed to encourage unlawfully present individuals to leave the United States, attend their immigrant visa interviews, and return to the United States legally to reunite with their U.S. citizen or lawful permanent resident (LPR) family members. Having an approved provisional waiver helps facilitate immigrant visa issuance at DOS, streamlines both the waiver and the immigrant visa processes, and reduces the time that applicants are separated from their U.S. citizen or LPR family members, thus promoting family unity. The rule is intended to encourage eligible individuals to complete the immigrant visa process abroad, promote family unity, and improve administrative efficiency.
This ebook contains:
- The complete text of the Expansion of Provisional Unlawful Presence Waivers of Inadmissibility (U.S. Citizenship and Immigration Services Regulation) (USCIS) (2018 Edition)
- A dynamic table of content linking to each section
- A table of contents in introduction presenting a general overview of the structure
The Expanded Provisional Waiver
What You Need to Know
The authorized resource allocation for the adjudication of the provisional unlawful presence waiver application is full-time Immigration Services Officers ISO , and the NBC is fully staffed. The NBC provides comprehensive training on adjudication of the Form IA, including instruction on the application, systems used in the adjudication process and background checks, expansion of provisional unlawful presence waivers of inadmissibility, and extreme hardship. Have officers received special training in the final guidance defining extreme hardship? Has your division received an increase in applications since the provisional waiver program was expanded at the end of August? Yes; there has been an increase in receipts following implementation of the expansion rule on August 29,
Skip to main content. Since March 4, , certain immigrant visa applicants who are immediate relatives spouses, children and parents of U. On August 29, , the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States. Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section a 9 B of the Immigration and Nationality Act before they can return. Typically, these foreign nationals cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad, and a Department of State DOS consular officer has determined that they are inadmissible to the United States.
The most notable change effected by the new provisional waiver rule is a significant expansion of the set of those eligible to use the provisional waiver process. Previously, the provisional waiver was only available to beneficiaries of a visa petition filed by an immediate relative, that is, a petition filed by a U. Under the new rule, on the other hand, the provisional waiver can be sought be anyone with a U. For applicants who meet the other requirements for a provisional waiver, the new rule only requires that the applicant. A An approved immigrant visa petition, for which the Department of State immigrant visa processing fee has been paid; or. B Selection by the Department of State to participate in the Diversity Visa Program under section c of the Act for the fiscal year for which the alien registered.