New Unlawful Presence Waiver

On January 2, 2013 Secretary of Homeland Security Janet Napolitano announced the posting of a final rule that establishes a process allowing certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013.

Applicants should be aware that this change does not affect visa eligibility, rather it will allow those who were previously eligible for consular processing to await their waiver adjudication in the United States with their family.


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