Proposed Rule to Allow Waiver Applicants to Remain in the U.S. During Pendency

Thisproposed rule is a positive change that has been in the works for a while.  Currently, undocumented spouses and children of U.S. citizens cannot apply for adjustment of status to lawful permanent resident within the U.S. because they have no proof of lawful entry.  They must leave the U.S. to consular process abroad, which most often renders them ineligible to return for three to 10 years unless they have an approved waiver.  Oftentimes, it may take several months to over a year to get a waiver approved, and the family is separated during this time.  The proposed rule would allow the applicant to remain in the U.S. while he or she applies for the waiver.  Once approved, the applicant would then travel abroad to apply for the immigrant visa.