USCIS: Proposed Rule Could Greatly Benefit Immigrants

United States Citizens and Immigration Services ("USCIS") issued a proposed rule which could greatly benefit immigrants who are in the United States without legal status (including those who entered the US without a visa) and who have an approved I-130 petition filed by a US citizen immediate relative (US citizen spouses, US citizen parents if the immigrant is between 17 and 21 years old, or US citizen children over 21) who wish to sponsor the immigration for legal permanent residence (a green card).   


The immigrant would have to present an approved visa petition (I-130) and seek an I-601 waiver of the unlawful status in the United States that shows hardship to a US citizen spouse or parent. (Note that hardship to a child cannot be the basis for the waiver.) If the waiver is granted, the immigrant would then return to her home country for a short period of time for processing of the application for a green card.   This would relieve the immigrant of the present requirement that the waiver be applied for at the time of the immigrant visa interview at the United States embassy/consulate of the home country. This new waiver procedure is ONLY available to immigrants whose only inadmissibility issue deals with unlawful presence. Provisional approval of the I-601 does not guarantee approval of the immigrant visa at the US embassy/consulate.

The proposal was issued on March 30, 2012 and comments will be accepted by USCIS until June 30, 2012.   Once the comment period is over, USCIS will review the comments and may issue the rule or a revised version of the rules as a final rule. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.