Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process

[abezyo 35]

WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at www.uscis.gov.

“This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa,” said Secretary Napolitano.

U.S. Citizenship and Immigration Services (USCIS) received more than 4,000 comments in response to the April 2, 2012 proposed rule and considered all of them in preparing the final rule.

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this rule achieves,” USCIS Director Mayorkas said. “The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon.”

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa. Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives. Details on the process changes are available at www.regulations.gov.

Thoughts? What do you guys think this means? Sounds like a visitor visa for immediate relatives who files the I-130 till the interview and get to return for the interview.

[TOTOEMY 2]

Yes I was reading over it also.. I hope that is what it means...

[Darnell 8,478]

raise your hand if you have an unlawful presence issue.

[Janelle2002 3,865]

If they are going to approve them anyway, what is the point of making them leave the country. Why dont they just give them a visa at USCIS and be finished with it. They still have to leave. I was thinking that they would change it as to they do not have to leave.

I do however appreciate the effort to correct our very poorly put together immigrations system.

[Darnell 8,478]

USCIS doesn't issue visas. Sorry.

[Darnell 8,478]

Thoughts? What do you guys think this means? Sounds like a visitor visa for immediate relatives who files the I-130 till the interview and get to return for the interview.

Not really, no.

This bit is for :

People who accrue unlawful presence in the USA and are not eligible to adjust status in the USA.

This gives them an opportunity to apply for a waiver in the VISA process BEFORE the IV Unit's interview on the VISA.

Prior, the waiver would have to be applied for AFTER the visa interview at the IV Unit.

If, after reading this, you think it's for a visitor visa, or even remotely sounds like a visitor visa - I'm sorry, that's just dead wrong.

[abezyo 35]

Not really, no.

This bit is for :

People who accrue unlawful presence in the USA and are not eligible to adjust status in the USA.

This gives them an opportunity to apply for a waiver in the VISA process BEFORE the IV Unit's interview on the VISA.

Prior, the waiver would have to be applied for AFTER the visa interview at the IV Unit.

If, after reading this, you think it's for a visitor visa, or even remotely sounds like a visitor visa - I'm sorry, that's just dead wrong.

Then I am dead wrong then

Thought maybe it could have something to do to ease the hardship on people trying to LEGALLY get spouses with them in the USA before they even step foot in the states. My apologies

[Brother Hesekiel 2,236]

The perversion about this is only obvious to those who know what the waiver is for: to override the bar that is triggered if someone was unlawfully present in the United States for 180 days or longer and is ineligible to adjust status. In plain English: the immediate relatives of US citizens.

Sound simple?

Well, the moment they leave the US in order to attend the interview in Mexico (presumably), they will trigger the bar. Then the US citizen relative can file for a waiver. Now, however, they can file before they trigger the bar. Think of it as claiming a loss on your fire insurance policy based on the fact that you will have a fire next week. It's exactly that.

[hamigirl710 112]

raise your hand if you have an unlawful presence issue.

I did and I divorced it

[TBoneTX 45,288]

*** Thread moved from CR-1 Case Progress to General Immigration Discussion, to be with the other threads on this topic. ***