In January of 2012, the Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS) announced a proposed changes which would allow for a stateside processing of unlawful presences bars for certain immediate relatives.
Under the current law, many relatives of United States citizens must leave the U.S. and travel to a consulate in their home country to apply for an immigrant visa. Often times, their departure from the U.S. triggers a three (3) or ten (10) year bar from reentering the United States. These individuals may then apply, in their home country, for a waiver of these bars. The individual must remain outside of the United States while they wait for a decision on these waivers, which can take weeks, months or even years.
USCIS has announced a proposed change to this procedure wherein the foreign national could apply for a provisional waiver of the 3 or 10 year bar, while in the United States, before departure for an immigrant visa interview in their home country, thus shortening the amount of time spent outside the United States.
It is important to remember THE CURRENT LAW HAS NOT CHANGED! Currently, there is no procedure to file for a provisional waiver, and any such filings will be denied. Any unauthorized practitioners of immigration law who says otherwise are trying to scam you. Please remember, in order to protect you and your family, it is important to speak to a licensed immigration attorney before filing any documents.
For more information regarding this provisional waiver announcement and what it means, visit:www.aila.org/content/default.aspx?docid=38621 and/or www.aila.org/content/default.aspx?docid=38116.
For more information regarding the unauthorized practice of immigration law, visit: www.uscis.gov/avoidscams.