Provisional Unlawful Presence Waizers: Questions & Answers

The following Q and As explain the proposed provisional unlawful presence waiver process.

Background

On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of proposed rulemaking (NPRM) in the Federal Register requesting public comment on its plan to create an improved process for certain immediate relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States, if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The goal of the proposed process is to reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the consular process overseas to obtain an immigrant visa. Visit our Proposed Provisional Unlawful Presense Waivers webpage for more details.

Questions and Answers