UNLAWFUL PRESENCE WAIVERS IN THE U.S.

The USCIS published a final rule this week on a new adjudication process for unlawful presence waivers. The new process is effective March 4, 2013. It is designed to remove some of the uncertainty and delay in consular processing for people subject to unlawful presence inadmissibility. Under the current process, all applicants for permanent residency who are consular processing must submit their waivers for unlawful presence after they are found inadmissible at the consular interview. They must then wait abroad for adjudication of the waiver, which is a process that may take several months or more. Under the new process, immigrant visa applicants in the immediate relative category may apply for a "provisional waiver" before departing for the consular interview if they are (a) inadmissible solely based on unlawful presence, and (b) can show extreme hardship to a USC spouse or parent.