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USCIS Proposes to Allow Waivers to be Decided While Beneficiary Remains in U.S.

On January 6, 2012 the USCIS proposed to reduce the time that U.S. Citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States. More specifically, a spouse or child would be able to apply for a waiver with USCIS in the U.S. and receive a provisional decision on that waiver before departing the U.S. for consular processing of their immigrant visa applications. Currently, applicants can only file for a waiver after having been determined inadmissible by the U.S. consular . consular . consular . consular . consular . consular . consular . consular officer and must wait abroad for a decision, which significantly adds to the processing time. This special process will cover only those who are inadmissible based upon unlawful presence.

Comment from James C. Ten Broeck Jr., Attorney at Law:
This proposed change will significantly benefit persons who wish to obtain legal permanent residency although he or she may have entered the U.S. illegally and has accrued unlawful presence. Although we need to see how USCIS plans to implement this change, it is a very big step in the right direction for our clients.