Jan 7 2012

USCIS Proposes Procedural Change to Waiver of Unlawful Presence Pre-adjudication Process

USCIS has proposed an important change in their procedures regarding Form I-601, the Application for Waiver of Grounds of Inadmissibility. This procedural change would allow foreign nationals who have entered the U.S. without inspection to have their Forms I-601 pre-adjudicated before they leave the country in order to seek lawful entry into the U.S.

This proposed procedural change would potentially have a major impact on a large population of foreign nationals currently in the U.S. unlawfully. It would allow someone who would be entitled to a waiver under the current law to seek that waiver prior to departing the U.S.

According to USCIS, “By allowing these individuals to apply for waivers in the U.S. and making a provisional determination of waiver eligibility before the individuals must depart the country for visa processing, USCIS would provide a more predictable and transparent process and improved processing times, minimizing the separation of U.S. citizens from their families.”