USCIS Proposes Process Change for Certain Waivers of Inadmissibility (Update & Commentary)


USCIS issued  a press release today on the Proposed Process Change for Certain Waivers of Inadmissibility.  Here is initial feedback on this press release.

Here is the full PRESS RELEASEFirst, the proposed process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register.  Second, the press release appears a bit ‘patched together’ and the logic seems a bit fuzzy.  Here are two examples of what I consider a bit confusing with this release:

Potential Beneficiaries

Which beneficiaries can take advantage of this Proposed Rule?  To me, it looks like USCIS has contradicted itself.  The press release states the following, “”U.S. Citizenship and Immigration Services (USCIS) today posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States.”   So, this means all immediate relatives, parents included right?  Not exactly.  The Federal Register seems to indicate otherwise.  The Federal Register indicates the waiver is available for certain, but not all, immediate relatives.  The Register states the following, ” They(eligible individuals) establish that a U.S. citizen spouse or parent would experience extreme hardship if the individual is denied admission to the United States as an LPR.”  Parents, therefore, are not included as beneficiaries in the Federal Register.

Eligible Minors

The Federal Register appears to be confused on the law for immediate relative beneficiaries who are minors.  The Register states that such a beneficiary is ineligible if under the age of 17 years when the provisional unlawful presence waiver is filed.  It also states that to be eligible, they (the child beneficiaries) are 17 years or older at the time of filing an application for a provisional unlawful presence waiver.  Federal Register  Well, that is not exactly correct.  For a minor, no time period under 18 is taken into account.  Therefore, you cannot require a minor to be at least 17 to file for this waiver.  A minor under the age of 18 does not need an unlawful presence waiver.  I believe the Federal Register means to require a minor to be at least 18 to apply for this waiver.  I would look for USCIS to revise this requirement.          

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