Today U.S.C.I.S. published the rule expanding stateside waiver processing to "all statutorily eligible individuals regardless of their immigration visa classification." The final rule is effective August 29, 2016.
This expansion of the provisional waiver process will allow family members of lawful permanent residents (LPRs) who are eligible for immigrant visas, to apply for waivers of unlawful presence and the 3 and 10 year bars prior to leaving the U.S. for their consular visa appointments, as U.S. citizen family members have been doing since 2013. Applicants can apply for provisional waivers of the unlawful presence ground of inadmissibility, based on the extreme hardship their U.S. citizen or LPR spouses or parents would suffer if the waiver were not granted.
A revision to form I-601A will be posted on August 29, 2016.
USCIS also expects to update its Policy Manual to provide guidance on how USCIS makes “extreme hardship” determinations in the coming weeks.
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