On July 29, 2016, the Department of Homeland Security published its long-awaited final regulation that expands eligibility to those who would be triggering the unlawful presence bar when they depart the country to attend their consular interview.
On September 26-27, 2013, CLINIC conducted a two-day training in Kansas City on provisional adjudication of unlawful presence waivers. The training included a presentation by Robert Blackwood, Assistant Section Director for Adjudications at the National Benefits Center (NBC), who gave an update on the waiver adjudication process at the NBC and answered questions from training participants. A summary of the information he provided appears below.
Update on Provisional Waivers Adjudication
By Charles Wheeler
On January 3, 2013, the USCIS finalized its regulation regarding the adjudication of waivers for those who are consular processing and would be triggering the unlawful presence ground of inadmissibility. The rule provides a process by which the agency will adjudicate these waivers before the applicants leave for their immigrant visa interview. The procedure would be available only to immediate relatives who are inadmissible based on unlawful presence – and no other grounds – and who can establish extreme hardship to a qualifying U.S.