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Provisional Waiver Expansion Paves the way to More Immigrants

Provisional Waiver Expansion Opens the Door to More Immigrants

The Department of Homeland Security (DHS) published new regulations expanding the �provisional waiver,� an activity that allows certain undocumented immigrants who've U.S. citizen spouses or parents to effectively obtain �pre-approval� for reentry before they submit an application for immigrant visas of their country of origin. Under the new regulations, DHS will accept applications for your �provisional waiver� from whoever has Lawful Permanent Resident (LPR or �green card� holder) spouses or parents. 

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Additionally, the brand new regulations effectively build a new �conditional I-212� waiver which allows those who have previously been ordered taken from the U.S. to get the provisional waiver should they have a citizen or permanent resident spouse or parent. Previously, those who have been ordered removed by an immigration judge but who never departed the U.S. must request the Immigration Judge reopen the case before they may apply for the provisional waiver-a ask that, in practice, is usually procedurally impossible. Now, together with the �conditional I-212� process, additional undocumented immigrants with U.S. citizen or legal resident spouses or parents may have the opportunity to legalize their status under U.S. immigration regulations.
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Last updated 191 days ago by immigration2q