USCIS has recently published new regulations allowing
certain immediate relatives of U.S. citizens who are physically present in the
U.S. to file their unlawful presence waiver petitions prior to departing from
the United States. Currently certain
spouses, children and parents of U.S. Citizens cannot apply for lawful
permanent residency while in the United States and must travel abroad to
consularily process their cases. At
times, they would spend up to a year separated from their family awaiting
decisions on their waiver applications. New regulations modifying the unlawful presence
waivers processing will help alleviate some of those issues.
For an applicant to take advantage of the new regulations he
or she must meet the following requirements:
i.
have approved Form I-130 or I-360 as an
immediate relative of U.S. citizen (spouses, children, and parents of U.S.
Citizens qualify)
ii.
be physically present in the U.S. at the time of
filing
iii.
show extreme hardship to citizen spouse or
parent
iv.
be 17 years or older
The rule becomes effective on March 4, 2013. The initial filing fee associated with this
type of application is $585.00 plus $80.00 in biometrics fee.
Common questions pertaining to the new regulations:
Q. My waiver
application is already pending with DOS. Can I take advantage of the new procedures?
A. Provided
that the immigration visa interview was scheduled before January 3, 2013, the intending
immigrant is ineligible to apply for a provision unlawful presence waiver. The actual date and time of the interview is
not a determinative factor.
Q. I am
currently in removal proceedings, can I file my application for an unlawful
presence waiver in the U.S.?
A. Only
intending immigrants whose removal cases are terminated, dismissed, or
administratively closed are eligible to apply for a provisional unlawful
presence waiver.
Q. I
have previously filed form I-601A with USCIS, can I re-apply?
A. Yes,
if an individual’s provisional unlawful presence waiver petition is denied or withdrawn,
he or she may file a new application.
Q. My
case has been deferred Under DACA, but I have a final removal order, can I participate in the process?
A. Intending
immigrants with final removal orders on their record are not
eligible.
Q. Once
my application is filed, will I be scheduled for an interview?
A. DHS
indicated that majority of applicants will not be scheduled for
interviews.