The proposed Provisional Waiver rule would allow a spouse or child of a U.S. Citizen relative to obtain a provisional waiver in the United States and if approved, go to their home country to pick up their visas, thus reducing the separation time between families. The provisional waiver applies only for unlawful presence, not for fraud, misrepresentation or criminal issues.



This is a great improvement over the risk of going to the home country, being told by the consular officer that the alien needs a waiver, filing the waiver with USCIS and waiting in the home country up to one year for a decision. If denied, the alien needs to remain in his or her country for 3-10 years depending upon the length of unlawful presence in the United States.


The new rule may be enacted by the end of 2012.


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Hart Immigration provides immigration services in Los Angeles, Orange County, and surrounding areas.