Proposed Changes to Unlawful Presence Waiver Processing

USICS recently announced a proposed change to the way in which waivers of the three and ten years will be adjudicated. If implemented, the new "stateside waiver" process has the potential to impact thousands of undocumented spouses and children of US citizens across the US. Affected individuals would still be required to file for hardship waivers to lift the three or ten year bars triggered by unlawful presence. However, under the proposed rule, applicants would be allowed to apply for and receive a provisional decision here in the United States. If the waiver is approved, the applicant would still be required to leave the United States to be interviewed in his/her home country, but would nevertheless be spared the uncertainty and anxiety of having to apply for the waiver abroad, and risk being separated from US citizen relatives should the waiver be denied.