A Proposed Rule Change by the Department of Homeland Security (DHS) For Provisional Waivers of Inadmissibility For Certain Immediate Relatives of U.S. Citizens
The DHS proposed a change to the existing process to allow immediate relative illegal aliens to file a I-601 waiver within the U.S. before returning to their home country for an interview for permanent residency. An example of such a case would be a USC spouse married to an illegal alien where the I-130 is already approved and still valid. In such a case the alien would file a I-601 waiver within the U.S. Upon approval of the I-601 waiver, the alien will be given an appointment at the U.S. embassy abroad where he or she will apply for a resident alien visa and return to the U.S. within a short time instead of having an extended stay abroad as exists at present.
In the absence of this proposed change the illegal alien would have to file a waiver when he or she is abroad and await approval or disapproval of the I-601 waiver. If the I-601 waiver is denied, the alien would have to remain abroad for up to 10 years because of the bar. [section 212 a(9)(B)(i) and INA 8USC 1182(a)(9)(B)(i)]
This proposed change in the law applies only to immediate relatives who are here illegally (USC spouse, parent and child). Therefore it does not apply to situations involving brother/sister petitions or employment based cases. Persons with prior deportation orders or whose cases are currently pending before an Immigration Judge or cases which are administratively closed by the Immigration Court must contact an experienced Immigration litigation attorney for professional advice.
For additional detailed information regarding this proposed rule change, kindly visit the following Government website: https://www.federalregister.gov/articles/2012/01/09/2012-140/provisional-waivers-of-inadmissibility-for-certain-immediate-relatives-of-us-citizens#h-11
