Beginning March 4, certain immigrant visa applicants who are the spouses, children and parents of U.S. citizens (immediate relatives), and who have been unlawfully present in the U.S., will be able to apply for a provisional unlawful presence waiver through a new process.
Under the old process, individuals who entered the U.S. lawfully and met all other requirements were allowed to apply for permanent residence while remaining in the country. However, individuals who entered without inspection could not adjust their status from within the United States. Instead, they were required to leave the country in order to obtain an immigrant visa from the U.S. embassy and/or consulate before they could return to the U.S. and be admitted as lawful permanent residents. They had to first be found inadmissible at their immigrant visa interview before they could apply for a waiver of inadmissibility. Adjudication of a waiver of inadmissibility overseas often took a long time and led to the prolonged separation of these immediate relatives from their family in the U.S.
Under the new process, an immediate relative who meets the requirements will be able to apply for the waiver and obtain provisional approval before leaving the United States for the immigrant visa interview with a U.S. embassy or consulate abroad. This will significantly reduce the amount of time that U.S. citizens are separated from their immediate relatives. As long as there are no other issues of eligibility and/or grounds of inadmissibility, the DOS consular officer should be able to issue an immigrant visa within a reasonable amount of time.
You can read more information about eligibility and the filing process here.
