Law Offices of Joel Friedman
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San Diego, CA 92101
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U.S. Proposes Process Change for Certain Waivers of Inadmissibility  
March 30, 2012 by Joel Friedman

Today, USCIS published a proposed rule that would allow certain immediate relatives of U.S. citizens to apply for a waiver of the unlawful presence ground of inadmissibility within the U.S. We applaud this positive action. Many of our clients and other immigrant applicants have been eagerly looking forward to the opportunity to file their waiver applications in the U.S.

It is important to note that today's proposed rule is not in effect yet. Currently, immigrant applicants that are subject to the unlawful presence ground of inadmissibility must still apply for the waiver outside of the U.S. and stay there until their waiver applications are hopefully granted. This can take many months, which can cause severe hardship to families that are separated during this time.

This is the reason that USCIS is proposing to allow applicants to apply for their waivers from within the U.S. Once it is in place, the new procedure will significantly help many immigrants and their U.S. citizen immediate relatives by greatly reducing the prolonged periods of separation that often occurs.

Read the USCIS press release and FAQ about the new waiver proposal. We will closely monitor developments.