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Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives

Abstract: The Department of Homeland Security (DHS) proposes to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers under section 212(a)(9)(B)(v) of the Immigration and Nationality Act of 1952, as amended (INA or Act), 8 U.S.C. 1182(a)(9)(B)(v), prior to departing the United States for consular processing of their immigrant visa applications. Currently, such aliens must depart the United States and request waivers of inadmissibility during the overseas immigrant visa process, often causing U.S. citizens to be separated from their immediate relatives for extended periods of time. Under the proposal, DHS would grant a provisional unlawful presence waiver conditioned upon the alien’s departure from the United States and the U.S. Department of State (DOS) consular officer’s determination at the time of the immigrant visa interview that, given the approved provisional unlawful presence waiver, the alien is otherwise admissible to the United States and eligible to receive an immigrant visa.
Type: Non-Rule Making
KeyWord(s) 1615-AC03, 1615–AB99
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