USCIS has issued an alert regarding the proposed provisional waiver. 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. The alert emphasizes the following:
“Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting this new process and we will return the application package and any related fees to the applicant. USCIS cannot accept applications until a final rule is issued and the process change becomes effective.
Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting uscis.gov/avoidscams.”
For more information about the proposed provisional waiver and how it might affect you or a loved one, please contact my San Francisco immigration law office.