×
×
Menu
Search

BREAKING NEWS: USCIS Publishes New Waiver Filing Rules

HomeNews & EventsBREAKING NEWS: USCIS Publishes New Waiver Filing Rules
READ FROM US

Immigration News & Events

Categories

Archives

BREAKING NEWS: USCIS Publishes New Waiver Filing Rules

Share This Post: facebooktwitterLinkedIn

On January 3, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a final rule changing the way people who are inadmissible to the United States for accruing unlawful presence file for a pardon or “waiver” of that inadmissibility. The final rule, published January 4, 2013, allows immediate relatives of U.S. citizens who are physically present in the United States to file provisional unlawful presence waivers prior to traveling abroad for consular processing. The only relatives eligible to file at this time are spouses, children, and parents of United States Citizens.
USCIS hopes that the new waiver process will decrease the amount of time that families are separated and will encourage more noncitizens to apply for their immigrant visas. Currently, individuals are required to wait until the consular officer adjudicates their case at interview before they can file for a waiver. Then, once the waiver application is filed, the individual must wait outside the United States until a final decision is made on their application, almost two years in some instances. This new process will allow individuals to file the waiver application when the I-130 petition has been approved and the applicant has paid their immigrant visa processing fees at the National Visa Center; allowing the foreign national to hold off on their interview at the consulate until they have (hopefully) an approval of the waiver application.
It is important to note that this process is only available to individuals who are inadmissible for unlawful presence and not any other section of the Immigration & Nationality Act; only for immediate relatives of United States Citizens and therefore not relatives of lawful permanent residents; and it is not available to individuals who are currently in removal proceedings.
Please contact your attorney or schedule a consultation if you want to know more.

-Melanie Corrin, Senior Attorney

Contributed by Aaron Hall Senators Kay Bailey Hutchison of Texas and Jon Kyl of Arizona introduced a bill they are calling the ACHIEVE Act which they are billing as an…

30Dec

Contributed by Bryon Large, Senior Attorney It’s a very exciting time in immigration law, watching the debate over immigration reform heat up again. Voices from many sides are chiming in…

25Jan

PERSONAL TOUCH AND SUPERIOR CUSTOMER SERVICE

Recognized Leaders In
Immigration Law

Joseph & Hall P.C. is a full-service immigration law firm. We pride ourselves on being nationwide experts in all areas of immigration law, including the practice areas listed below. Our attorneys frequently are asked to speak both locally and nationally on a wide variety of immigration topics. For an overview of each practice area, please click the links below. If you have any questions about how these practice areas may apply to your case, please do not hesitate to contact our firm.

OUR AWARDS & ACHIEVEMENTS

We Are Committed to Your Dreams.

Countless people dream of becoming a U.S. citizen. If your application was rejected by the USCIS, we are here to fight for your best interests.

Get in touch with us. Write us a message.

  • This field is for validation purposes and should be left unchanged.
×
×
Tap Here To Schedule An Appointment
It's Fast & Easy