USCIS Finalizes Regulation on Provisional Waivers for Unlawful Presence
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 beforethe 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. citizen spouse or parent. To be eligible, the applicant would need to have an approved I-130 or I-360 petition and have paid the immigrant visa fee bill.