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Jan 6, 2012

Planned Change in Waiver Application



Today, DHS (Department of Homeland Security) announced a planned change in the unlawful-presence waiver procedure.  Once they issue a new regulation, you (immigrant visa applicant) will be allowed to apply for an I-601 waiver while in the U.S., instead of having to wait until you go back to your home country.  This will hopefully reduce the wait period in your home country and thus the time of separation from your family.  But this planned change will apply only if:

--- You are a spouse, child, or parent of a U.S. citizen adult; and
--- You are applying for a waiver of the 3- and/or 10- year bars only (due to unlawful presence).

Please note that the standard for granting a waiver--extreme hardship that would be suffered by U.S. citizen spouse or parent--will stay the same without change.

Please see the following link for details:

http://www.aila.org/content/default.aspx?docid=38116

 



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