USCIS Announces Its Intent to Implement Stateside Processing of Unlawful Presence Waivers

Copied from AILA

Advance copy of the USCIS notice of intent to consider regulatory changes that would allow certain immediate relatives to request unlawful presence waivers under section 212(1)(9)(B)(v) of the INA, prior to departing the U.S. for consular processing of their immigrant visa application.

The notice will be published in the Federal Register on 1/9/12.

Also, here is a great article from the NY Times explaining what this means.  Essentially, the spouse/child/parent of a US citizen who entered the US illegally, now can receive a waiver from within the US before interviewing at the embassy. Up until this announcement, one would have to wait several months outside the US for the embassy to make a decision on the case. This is an incredible change in policy that will help keep families together while processing continues.

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