Provisional Waiver for 9B ban Discussion and Information

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UPDATE 01/04/2013:


- THIS PROCESS IS NOT YET IN EFFECT. START DATE IS MARCH 4, 2013.

- THE 150 PAGE FINAL RULE CAN BE READ HERE

- HOW TO NOTIFY THE NVC ABOUT WAITING FOR PROVISIONAL WAIVER FILING HERE

- AN I2US SUMMARY OF THE 01/02/2013 STAKEHOLDER'S CALL MAY BE FOUND HERE AND ATTORNEY Q&A HERE


* * * A NEW PROVISIONAL WAIVER THREAD WILL BE STARTED ONCE THE PROGRAM STARTS. THANK YOU! - THE MOD AND ADMIN TEAM * * *





QUALIFYING CRITERIA FOR PROVISIONAL WAIVER

• 17 years old or older
• Have an approved I-130 or I-360
• Qualifying relative (US citizen spouse or US citizen parent only)
• Have pending IV case with NVC
• Must NOT be scheduled for IV interview
• Must be able to demonstrate extreme hardship to qualifying relative
• Must be present in the US
• Must have ONLY an unlawful presence ban (9B ban)

PROVISIONAL UNLAWFUL PRESENCE WAIVER QUESTIONS AND ANSWERS

http://www.uscis.gov/portal/site/usc...004718190aRCRD

December 5, 2012

Introduction

The following Q and As explain the proposed provisional unlawful presence waiver process.

Background

On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of proposed rulemaking (NPRM) in the Federal Register requesting public comment on its plan to create an improved process for certain immediate relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States, if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The goal of the proposed process is to reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the consular process overseas to obtain an immigrant visa.

Visit our Proposed Provisional Unlawful Presense Waivers webpage for more details.


Questions and Answers

Q1. How do I apply for the provisional unlawful presence waiver?

A1. The provisional waiver process is NOT in effect. USCIS will reject any application requesting a provisional waiver at this time and return the application and any fees filed. The provisional waiver process will only take effect after a final rule is published in the Federal Register with an effective date.

Q2. How do I comment on this proposed provisional unlawful presence waiver process?

A2. USCIS encourages the public to submit formal input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012.

Q3. Why is this proposed waiver process limited to the immediate relatives of U.S. citizens who can demonstrate extreme hardship to a U.S. citizen spouse or parent?

A3. The goal of the provisional unlawful presence waiver process is to alleviate the extreme hardship certain U.S. citizens experience when they are separated for extended periods of time from their spouses, children, and parents (“immediate relatives”). To further this goal, USCIS will make the proposed unlawful presence waiver process available to immediate relatives (IRs) because there are no restrictions on visa availability for IRs and immigrant visas are always available to this group of individuals. USCIS also is limiting the provisional unlawful presence waiver process to U.S. citizens who can establish extreme hardship to a U.S. citizen spouse or parent. Those IRs who cannot establish extreme hardship to a U.S. citizen spouse or parent but can establish extreme hardship to a lawful permanent resident spouse or parent can still obtain a waiver through the current I-601 process, after their immigrant visa interview with a Department of State consular officer abroad. USCIS expects that this new process will streamline the waiver process and reduce the length of time immediate relatives must remain abroad to obtain an immigrant visa. For additional information, see DHS Notice of Proposed Rulemaking (NPRM), section IV, Part B, Rationale for Proposed Change.

Q4. Will USCIS consider expanding this new process to relatives of lawful permanent residents who have visas that are currently available?

A4. The agency decided as a matter of policy and operations to make this process available only to immediate relatives of U.S. citizens. For additional information, see DHS Notice of Proposed Rulemaking (NPRM), section IV, Part B, Rationale for Proposed Change. As part of the rulemaking process, you may submit your views and suggestions as formal comments to the NPRM at www.regulations.gov.

Q5. Why does USCIS refer to the waiver as “provisional?”

A5. USCIS refers to the waiver as “provisional” because it will not take effect until after the applicant departs the United States, appears for his or her immigrant visa interview, and is determined by the DOS consular officer to be otherwise admissible to the United States. In the proposed process, USCIS would determine eligibility for the provisional waiver and, if the application is approvable, approve the provisional waiver before the applicant leaves the United States for the immigrant visa interview abroad.

Q6. Will I have to be fingerprinted or appear for an interview as part of the provisional waiver process?

A6. All provisional unlawful presence waiver applicants will be required to appear at a USCIS Application Support Center for biometrics collection. Generally, USCIS will not require provisional waiver applicants to appear for an interview but may schedule an interview if the facts in a particular case warrant further inquiry and review.

Q7. Will I use the current Form I-601, Application for Waiver of Grounds of Admissibility to apply for a provisional waiver?

A7. No. USCIS is developing a new form for the proposed provisional unlawful presence waiver process – Form I-601A, Application for Provisional Unlawful Presence Waiver. The application filing fee is $585.00, the same fee required for the Form I-601. There is an additional biometric fee of $85.00 for applicants who are under 79 years of age. USCIS will post the proposed form in the Federal Register for formal comment in the near future.

Q8. Will USCIS waive the filing fees for provisional unlawful presence waiver applications?

A8. No. Fee waivers generally are available only if the fees for the underlying application are waivable. Currently, fee waivers are not allowed for the Form I-130, Petition for Alien Relative, which is the basis for the provisional unlawful presence waiver. USCIS, therefore, will not accept fee waiver requests for the Form I-601A, Application for Provisional Unlawful Presence Waiver. The provisional waiver application fee is $585.00 and the biometrics fee of $85.00.

Q9. What documents will I be required to file with my application for a provisional unlawful presence waiver?

A9. USCIS will include instructions with the new Form I-601A that will describe the types of documents you will need to submit with your provisional waiver application. At a minimum, USCIS will require proof that you have an approved Form I-130, Petition for Alien Relative, or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, if you are a self-petitioning widow/widower, and an immigrant visa application fee receipt from the Department of State (DOS). Failure to follow the instructions on the form or submit required documentation may result in your application being rejected or denied. For more information on proposed rejection criteria, see DHS NPRM section IV, Part E – Filing, Adjudication, and Decisions.

Q10. Will I be able to file the provisional waiver application concurrently with my Form I-130?

A10. No. To be eligible for the provisional waiver process, applicants must already have an approved I-130 or I-360. The approved petition is what starts the immigrant visa process with DOS. For more information on eligibility and filing criteria, see DHS NPRM section IV, Parts C through E.

Q11. Will I be able to file the provisional waiver application concurrently with my Form I-212, Application for Permission to Reapply for Admission Into the United States After Removal?

A11. No. Aliens who must request permission to reenter the United States after removal are not eligible for the provisional unlawful presence waiver. In addition, USCIS will not accept concurrent filings of the Form I-601A and Form I-212 or Form I-130.

Q12. Will the proposed provisional waiver process affect existing standards for unlawful presence and extreme hardship?

A12. No. The proposed provisional waiver process will not alter the criteria USCIS will use to determine if an individual qualifies for a waiver of a ground of inadmissibility or if an individual has established the requisite extreme hardship to a U.S. citizen spouse or parent.

Q13. If I get a provisional waiver, can I adjust my status without leaving the United States?

A13. No. Individuals who receive a provisional unlawful presence waiver must leave the United States to attend their immigrant visa interview with a DOS consular officer in order for the provisional waiver to take effect and for the individual to be granted an immigrant visa. However, because of the way the proposed process for adjudicating provisional waivers is designed, individuals who receive a provisional waiver will likely be separated from their U.S. citizen relatives for significantly shorter periods than is the case under the current process.

Q14. I already have an immigrant visa interview scheduled for next month in my home country. Should I cancel it so that I can apply for the provisional unlawful presence waiver when the final rule takes effect?

A14. No. If you already have an immigrant visa interview scheduled with DOS, we urge you to keep your appointment. This proposed waiver process is not in effect and USCIS will not be publishing a final rule until later this year. If you trigger the unlawful presence bars upon departure from the United States, you may still file a Form I-601, Application for Waiver of Grounds of Inadmissibility, after you have appeared for your immigrant visa appointment and DOS has determined that you are inadmissible and need to file a waiver. If you fail to appear for your consular interview, DOS may terminate your immigrant visa registration.

Q15. I am currently in removal proceedings. Will I be able to apply for a provisional waiver?

A15. As part of the rulemaking process, DHS is considering how it will address provisional waiver requests from individuals who currently are in removal proceedings. We encourage you to submit your views and suggestions on this topic as formal comments to the NPRM at www.regulations.gov. For more information about eligibility criteria, see DHS NPRM section IV, Parts C and D.

Q16. If I have already filed a Form I-601, Application for Waiver of Grounds of Inadmissibility from outside the United States, will I be able to apply for a provisional waiver?

A16. No. The proposed provisional waiver process only applies to individuals who are physically present in the United States and have not yet been scheduled for their immigrant visa interview. For more information on eligibility criteria, see DHS NPRM, section IV, Parts C and D.

Q17. What happens if I am not eligible for a provisional unlawful presence waiver?

A17. When the new process goes into effect, individuals who are not eligible for the provisional waiver process can continue to follow current agency processes for filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, after the consular interview.

Q18. If I receive an approved provisional unlawful presence waiver, will I be able to work?

A18. No. Under the proposed rule, the filing or approval of a provisional unlawful presence waiver will not affect an individual’s current immigration status in the United States. A pending or approved provisional waiver also will NOT:

Provide interim benefits such as employment authorization or advance parole;
Provide lawful status;
Stop the accrual of unlawful presence;
Provide protection from removal;
Remove the requirement to depart the United States to seek an immigrant visa; or
Guarantee visa issuance or admission to the United States.

Q19. If I apply for a provisional unlawful presence waiver but USCIS denies my request, can I appeal the decision or file a motion with USCIS asking for the decision to be reopened or reconsidered?

A19. No. Aliens seeking a provisional unlawful presence waiver would not be able to file a motion to reopen or motion to reconsider or to appeal a denial of a request for a provisional waiver. Such individuals, however, may still apply for a waiver through the current I-601 waiver process. USCIS also reserves the right to reopen and reconsider on its own motion an approval or a denial at any time.

Q20. If USCIS denies my request for a provisional unlawful presence waiver will I be placed in removal proceedings?

A20. For cases where the provisional unlawful presence waiver is denied, USCIS will follow its current Notice to Appear (NTA) policy which prioritizes the types of cases USCIS will focus on for initiation of removal proceedings. For more information on USCIS NTA priorities, see USCIS Policy Memorandum, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens (November 7, 2011).

Q21. What will happen at the consular interview if I present an approved provisional unlawful presence waiver?

A21. If the DOS consular officer determines that a provisional waiver applicant, in light of the approved waiver of the unlawful presence bar, is otherwise admissible to the United States and eligible for the immigrant visa, DOS would issue the immigrant visa, allowing the individual to travel to the United States. The provisional unlawful presence waiver would become permanent and cover the periods of unlawful presence on which the waiver was based for any future benefit requests. For more information on the validity a provisional waiver, see DHS NPRM section IV, Part H.

Q22. What will happen at the consular interview if I present an approved provisional unlawful presence waiver but the consular officer determines I have other grounds of inadmissibility?

A22. If the consular officer determines that you are subject to other grounds of inadmissibility beyond unlawful presence, the approved provisional waiver is automatically revoked. If a waiver is available for the other ground(s) of inadmissibility identified by the DOS consular officer, you will need to file a Form I-601, Application for Waiver of Grounds of Inadmissibility, with USCIS after the consular interview to request a waiver for all applicable grounds of inadmissibility, including any periods of unlawful presence. For more information on revocation of a provisional waiver, see DHS NPRM section IV, Part G.

Q23. How long will an approved provisional unlawful presence waiver be valid?

A23. Under the proposed rule, an approved provisional unlawful presence waiver would remain valid as long as the underlying approved immigrant visa petition (I-130 or I-360) is not revoked. If DOS terminates the immigrant visa registration process or the approved immigrant visa petition is revoked, the provisional unlawful presence waiver grant also is automatically revoked. For more information on the terms and conditions for a provisional waiver and periods of validity, see DHS NPRM section IV, Parts G and H.

Q24. What happens to an approved provisional unlawful presence waiver if I reenter the United States illegally?

A24. Illegal reentry into the United States after approval of a provisional unlawful presence waiver will automatically revoke the approval. Whether an individual has a pending or an approved immigration benefit application, reentry into the United States without being admitted or paroled by an immigration officer at the U.S. border can have severe consequences; such individuals may be permanently barred from the United States.


LIST OF I2US MEMBERS WAITING FOR PROVISIONAL WAIVER PROGRAM TO START:


22306

ArmyMustang

augustin?

beingguided

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Candicecharlene3

cris177

Denisse Cortez

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GigiFlowers

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Holly & Teto

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jessica&carlos

jdtribble

Jnoris

Just breathe

lissymama917

MannysWife

mariadj

mr&msvega

My-little-family

Najo

Neighbor

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When

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MOST CURRENT INFORMATION AS OF MARCH 30, 2012

To jump to most current discussion, click HERE.







This page can be found at: http://www.uscis.gov/provisionalwaiver

Proposed Provisional Unlawful Presence Waivers

Reminder: This proposed process is not in effect. To learn more, read this alert.

What USCIS Proposes
On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register requesting public comment on its plan to create an alternative process for certain immediate relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States, if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The goal of the proposed process change is to reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the consular process overseas to obtain an immigrant visa.

Why We Propose It
Currently, immediate relatives of U.S. citizens who have accrued a certain period of unlawful presence in the United States are barred from returning to the United States for as long as 3 or 10 years if they leave the country. Immediate relatives can obtain a waiver of the unlawful presence bar if they show that a U.S. citizen spouse or parent will experience extreme hardship if they are required to remain outside the United States. The immediate relative also would have to show that they warrant a favorable exercise of discretion. But in order to obtain the waiver, these individuals must depart the United States and wait abroad while the waiver is processed.

Under the current process, therefore, U.S. citizens suffer unnecessarily long periods of separation while family members go through consular processing overseas to obtain an immigrant visa. The proposed process change lessens the length of separation by reducing inefficiencies in the current immigrant visa process. USCIS believes that this proposed change will streamline the immigrant visa process for immediate relatives whose only ground of inadmissibility is unlawful presence. USCIS plans to adjudicate the provisional waiver application in the United States before the immediate relative departs for his or her immigrant visa interview, which will reduce the length of time immediate relatives must spend abroad for consular processing.

What the Proposed Process Would Do
Under the proposed process, immediate relatives of U.S. citizens who would need a waiver of unlawful presence in order to obtain an immigrant visa could file a new Form I-601A, Application for Provisional Unlawful Presence Waiver, before leaving the United States to obtain an immigrant visa at a U.S. Embassy or Consulate abroad. All individuals eligible for this streamlined process are still required to depart the United States and must meet all legal requirements for issuance of an immigrant visa and admission to the United States.

An individual may seek a provisional unlawful presence waiver if he or she:
Is physically present in the United States;
Is at least 17 years of age;
Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
Is not subject to any other grounds of inadmissibility other than unlawful presence; and
Can demonstrate that the refusal of admission would result in extreme hardship to a U.S. citizen spouse or parent.

An immediate relative would not be eligible for the proposed process if he or she:
Has an application already pending with USCIS for adjustment of status to lawful permanent resident;
Is subject to a final order of removal or reinstatement of a prior removal order;
May be found inadmissible at the time of the consular interview for reasons other than unlawful presence; or
Has already been scheduled for an immigrant visa interview at a U.S. Embassy or Consulate abroad.

Allowing immediate relatives of U.S. citizens to receive provisional waivers in the United States before departure for their immigrant visa interview at a U.S. Embassy or Consulate means that:
Immigrant visa processing times will improve because of greater capacity in the United States and fewer case transfers between USCIS and the Department of State;
Immigrant visas will be issued without unnecessary delay (if the individual is otherwise eligible); and
The period of separation and hardship many U.S. citizens would face due to prolonged separation from their family members will be minimized.

Next Steps
This new process will be implemented only after USCIS publishes a final rule in the Federal Register with an effective date. USCIS will consider all comments received as part of the proposed rulemaking process before publishing the final rule. The current waiver process remains in place and will continue to remain for those who may not be eligible for a provisional waiver.

DO NOT file an application or request a provisional waiver at this time. Any applications filed with USCIS based on this NPRM will be rejected and the application package returned to the applicant, including any fees, until the final rule is issued and the change becomes effective.

For additional information, please see our I-601A Questions and Answers document, linked at the upper-right side of this page.


Last updated: 03/30/2012

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Official News from USCIS:
Announcement from the USCIS website

USCIS Notice of Intent (describes proposed changed to waiver processing)

USCIS Transcript of I-601 Press Conference

News Release 03/30/12
USCIS Proposes Process Change for Certain Waivers of Inadmissibility

Proposed Provisional Unlawful Presence Waivers (detailed Web page addressing the proposed rule )


So...now what?
New Waiver Process- What is Rulemaking? How does this work? by Imp



Attorneys weigh in - what this is and what this isn't:
Provisional Waiver Change Proposed - What Does It Mean For You? by Veronica Tunitsky

Provisional Waivers Proposed by Laurel Scott

Response Statements to News Articles by Laurel Scott

New Waiver Policy Would Promote Family Unity by Carl Shusterman

Comments Re: Proposed Changes to ULP Waivers (Post Stakeholders Meeting) by Veronica Tunitsky


News stories regarding the proposed change:

NY Times - Path to Green Card for Illegal Immigrant Family Members of Americans

The Times of India - US Plans Change in Immigration Rule

Global Post - Illegal immigrants may reduce time separated from family in US under Obama proposal

LA Times - Obama rule would let undocumented stay in U.S. during application

AP: Obama plans change in immigration rule on waivers

Univision - Gobierno anuncia modificaciones a la Ley del Castigo

Yahoo! News: AP source: Admin. plans change in immigration rule

Elnuevodia - Proponen acelerar proceso para evaluar status de indocumentados

LexisNexis - WHAT THE PROPOSED PROVISIONAL WAIVER RULE MEANS FOR THOSE FACING 3- OR 10-YEAR BARS

Who qualifies under the proposed provisional waiver program?
An individual may seek a provisional unlawful presence waiver if he or she:
Is physically present in the United States;
Is at least 17 years of age;
Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
Is not subject to any other grounds of inadmissibility other than unlawful presence; and
Can demonstrate that the refusal of admission would result in extreme hardship to a U.S. citizen spouse or parent.

An immediate relative would not be eligible for the proposed process if he or she:
Has an application already pending with USCIS for adjustment of status to lawful permanent resident;
Is subject to a final order of removal or reinstatement of a prior removal order;
May be found inadmissible at the time of the consular interview for reasons other than unlawful presence; or
Has already been scheduled for an immigrant visa interview at a U.S. Embassy or Consulate abroad.

[JMRJ]

[h=http://www.uscis.gov/portal/site/usc...004718190aRCRD
Questions and Answers]2[/h]Q. Why is USCIS proposing the change?
A. This proposed change will reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members are going through the process of obtaining visas to become legal immigrants to the United States. Under current policy, individuals who wish to apply for a waiver of inadmissibility for unlawful presence must leave the U.S. and apply for a waiver at a U.S. consular office outside the United States. This process can be lengthy and discourages individuals who may be eligible for this waiver from applying, which delays their ability to lawfully reenter the U.S. The proposed change would reduce the amount of time that U.S. citizens would be separated from their spouses and children while the process to obtain a visa to immigrate takes place. This reflects the Administration’s strong commitment to efficiency in the administration of immigration law and facilitation of legal immigration.

Q. How is the proposed process different from the current process?
A.Currently, U.S. citizens who petition for their spouses and children to become legal immigrants to the United States must petition for a visa, and in some circumstances, if the spouse or child has accrued more than 180 days of unlawful presence in the U.S., that spouse or child must also petition for a waiver of a ground of inadmissibility in order to have his or her visa application processed. The proposed process does not change the requirements for obtaining a visa or the standards for obtaining a waiver. Nor does it change the requirement that the spouse or child of a U.S. citizen ultimately depart the United States to have his or her visa application processed at a consulate abroad. The only change contemplated by this proposal is that the spouse or child would be able to apply for a waiver with USCIS in the U.S. and receive a provisional decision on that waiver before departing the U.S. for consular processing of their immigrant visa applications. Currently, applicants can only file for a waiver after having been determined inadmissible by the U.S. consular officer and must wait abroad for a decision, which significantly adds to the processing time for their case. The proposal limits the extent to which the process forces the lengthy separation of families.

Q. When will this streamlined process be implemented?
A. The process will be implemented only after USCIS issues a final rule. In the coming months, USCIS plans to publish a notice of proposed rulemaking and will consider the comments received as part of that process before publishing a final rule. The current process will remain in place until a final rule goes into effect. No one should file an application with USCIS based on this proposed change in process. Any applications filed with USCIS based on this notice will be rejected and the application package returned to the applicant, including any fees until the final rule is issued and the change becomes effective.

Q. Who would be eligible for a provisional waiver?
A.Spouses and children of a U.S. citizen (1) who are seeking lawful permanent residence through an immigrant visa, (2) who are found inadmissible based on unlawful presence in the United States for more than 180 days, and (3) who meet the existing extreme hardship standard. Children under the age of 18 do not accrue unlawful presence and, as a result, are not required to obtain a waiver.

Q. Why is this proposed streamlined process limited to the spouses and children of U.S. citizens?
A.The policy objective of this proposed process change is to alleviate extreme hardship suffered by U.S. citizens. USCIS has thus identified immediate relatives of U.S. citizens as the class of aliens to consider for this procedural change. In addition, their immigrant visas, which are not subject to annual limitations, are always immediately available. The focus on U.S. citizens and their immediate relatives is consistent with Congress’ prioritization in the immigration laws of family unification. This proposal meets the goals of both improving efficiency and reducing the length of time that American families are unnecessarily separated.

Q. How would the proposed process affect existing standards related to unlawful presence and the extreme hardship standard?
A.It would not. The proposed process retains all of the legal standards and policies related to unlawful presence determinations and establishing extreme hardship. It would simply provide for the processing of these waivers in the United States instead of abroad.

Q. Will individuals who recieve the waiver be able to adjust their status without leaving the United States?
A. No. The visa process itself is not changing. Individuals who receive a provisional wavier would still be required to depart the United States to apply for their immigrant visa.

Q. Is everyone who has accrued more than 180 days of unlawful presence subject to a three- or 10-year bar from entering the U.S.?
A.Yes; however, some aliens do not accrue unlawful presence if they fall into certain categories. For example, children under the age of 18 do not accrue unlawful presence for any period of time before their 18th birthday. Similarly, under current law, certain victims of crime and aliens with pending asylum applications do not accrue unlawful presence while their application is pending.

Q. If an individual already filed a Form I-601 from outside the U.S., would the proposed process affect him or her?
A.No. It would only affect individuals who have not yet filed a Form I-601 and who will file a waiver request after a final rule is published.

Q. Would USCIS collect biometrics as part of the streamlined process?
A.Yes. It is contemplated that applicants in the United States would be scheduled for biometrics collection at a USCIS Application Support Center.

Q. Why does USCIS refer to the waiver as “provisional?”
A.In the proposed process, USCIS would grant the provisional waiver before the applicant departs the U.S. for consular processing of their immigrant visa applications. The provisional waiver, however, would not take effect until the individual departs from the United States and triggers the covered ground of inadmissibility. Moreover, the provisional waiver covers only the unlawful presence grounds of inadmissibility. If the consular officer finds during the immigrant visa interview that the individual is subject to another ground of inadmissibility, the individual would need to file another waiver application with USCIS.

Q. What would happen at the consular interview?
A.If DOS found the individual otherwise eligible for the immigrant visa, the consular officer would then issue the visa, allowing the individual to immigrate to the U.S.

Q. What would happen to individuals who are not eligible to file a waiver under the proposed process?
A.They would continue to follow current agency processes for filing waiver requests after a determination of inadmissibility is made by a U.S. consular officer overseas.

Q. What would happen to individuals who are denied waivers under the proposed process?
A.They would be subject to USCIS guidance and law enforcement priorities for issuing Notices to Appear (NTA). For example, convicted criminals, public safety threats, and those suspected of fraud will receive NTAs.
[/COLOR]

[AnOceanAway]

Found this for those interested;

event notice link
http://americanfamiliesunited.org/ev...e=EventDetails

Please Join American Families United Tuesday January 10th at 8pm Eastern (9pm Central, 10pm Mountain, 11pm Pacific) for a recap of the current proposed changes to the I601 process.

The call will discuss strategies moving forward to achieve MORE in the coming months via administrative changes that do not require a legislative approval like the recent success we have had on the I601 proposal.

Find out what you can do locally to move the ball forward in your own sphere of influence.

At the end of the call a QA session will follow for those interested.

Conference Call
Conference Dial-in Number: (530) 881-1000

Participant Access Code: 839576#

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Stakeholder's Meeting Information for Tuesday, January 10, 2012

Discussion regarding the Notice of Intent regarding the new I-601 process proposal. YOU MUST SIGN-UP TO ATTEND VIA CONFERENCE CALL.

http://www.aila.org/content/default.aspx?docid=38114

[evildude683]

Great Job on the thread, I was reading the response on the other one about not all republican conservatives being bad people and I can attest to that as my wife is one of them, she doesn't mind if immigrants come over to the country even the illegal way but what she and many other people around the nation really hate is when they commit all types of fraud and sometimes really heinous crimes.

I think it was about time immediate relatives of US Citizens got any priority, I think for a while this administration had been weeding out the bad people from the immigrant community so that when stuff like this hits the fan the GOP and anti immigration supporters wont have an excuse to say no as Mr. Obama has already deported more (bad) people than any other president so far.

I just hope he doesn't play with the latino vote again.

[JMRJ]

From Alejandro Mayorkas:

http://blog.dhs.gov/2012/01/uscis-pr...change-to.html
More details regarding the proposed process change will be outlined in the Notice of Proposed Rulemaking, tentatively scheduled to be published this spring and, which will be open for public comment.

From AILA:

http://www.aila.org/content/default.aspx?docid=38120
"Although this is just a small part of dealing with the dysfunction of our immigration system, it represents a significant change in process for many individuals," said Eleanor Pelta, president of AILA. "It's a move that will be less destructive to families and bring about a fairer and more streamlined waiver process. Right now people who have accumulated unlawful presence in the U.S. who leave the country to apply for a green card have to wait abroad, often for months or years.

"This adjustment to the rule is important," Pelta added, "because it will literally save lives. Unfortunately, most waiver applications are filed in Ciudad Juarez on the U.S.-Mexico border, an extremely dangerous city these days, and more than one applicant has been murdered or seriously harmed while waiting there."

[kasey494]

How would this process affect those who have a spouse already out of the country, but haven't filed the waiver yet?

[evildude683]

How would this process affect those who have a spouse already out of the country, but haven't filed the waiver yet?

It will not affect/help them as the proposed change hasn't taken effect.