U.S. Citizenship and Immigration Services (USCIS) recently announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency。
Until now, only immediate relatives of U.S. citizens were eligible to seek such provisional waivers before departing the United States for the processing of their immigrant visas. The new regulation expands eligibility for the process to all individuals who are statutorily eligible for the waiver. To qualify for a provisional waiver, applicants must establish that their U.S. citizen or lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States.
之前来说，只有美国公民的直系亲属有资格寻求豁免。某些由于在美国有过非法居留不能在境内调整身份（adjustment of status）而必须到境外美国使领馆办理移民签证的目前居住在美国的美国公民的直系亲属可以在新规定生效后先在美国境内向移民局提出临时豁免申请并在申请获准后再出境办理移民签证手续。新的规定扩大了此类申请人的资格。现在来说，要获得豁免，申请人必须证明如果申请人不能返回美国的话，他们是美国公民或合法永久居民的配偶或父母会经历“极端困难” 。
If you would like to find out more about the new rule or if you think you have a case, please call us today.