Today the Obama administration announced a proposed rule change that will save countless American families from the trauma of prolonged separation. U.S. Citizenship and Immigration Services (CIS) confirmed that it is formally planning to transition I-601 waiver processing from overseas to offices inside the United States. This would allow an immigrant who needs a waiver to request one prior to leaving the United States, which reduces the uncertainty of the entire process.
Our clients have been asking for this for many years. The change will give countless American families a chance to stay together safely and legally.
This change does not mean that the applicant can complete all processing in the U.S. He or she would still attend an interview in the home country. If a waiver is needed, and it is granted, the foreign national will request that first, and if approved, then leave the U.S., apply for his or her immigrant visa abroad, and return to his or her loved ones soon afterward. The announcement does not change the legal requirement that a waiver can be approved only when extreme hardship to certain U.S. relatives is clearly shown.
- The unlawful presence waiver is explained in the following article from the New York Times. – nyti.ms/Arj8vq
- Read the official CIS announcement about waiver processing changes.
- Read the FAQ regarding the planned changes to processing unlawful presence waivers.
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