Provisional Waivers of Inadmissibility for Certain Immediate Relatives of U.S. Citizens

February 11, 2012

Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 /
Proposed Rules


8 CFR Part 212

RIN 1615-ZB10

Provisional Waivers of Inadmissibility for Certain Immediate
Relatives of U.S. Citizens

AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.

ACTION: Notice of intent.


SUMMARY: U.S. Citizenship and Immigration Services (USCIS) intends to
change its current process for filing and adjudication of certain
applications for waivers of inadmissibility filed in connection with an
immediate relative immigrant visa application. Specifically, USCIS is
considering regulatory changes that will allow certain immediate
relatives of U.S. citizens to request provisional waivers under section
212(a)(9)(B)(v) of the Immigration and Nationality Act of 1952, as
amended (INA or Act), 8 U.S.C. 1182(a)(9)(B)(v), prior to departing the
United States for consular processing of their immigrant visa
applications. An alien would be able to obtain such a waiver only if a
Petition for Alien Relative, Form I-130, is filed by a U.S. citizen on
his or her behalf and that petition has been approved, thereby
classifying the alien as an “immediate relative” for purposes of the
immigration laws, and he or she demonstrates that the denial of the
waiver would result in extreme hardship to the alien’s U.S. citizen
spouse or parent “qualifying relative.” The qualifying relative for
purposes of the waiver is not necessarily the immediate relative who
filed the immigrant visa petition on the alien relative’s behalf.

Read more HERE


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