Community Advisory: DHS Rule to Support Family Unity during Waiver Process

Washington, DC | | January 8, 2013 - Secretary of Homeland Security Janet Napolitano announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at

Complete text of USCIS release

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

ADC welcomes the decision by DHS, but ADC Director of Policy & Legal Affairs, Abed Ayoub, states, “The only real long-term solution is complete and comprehensive immigration reform. It is our hope that Congress will take the necessary steps to ensure that a long-term solution to the immigration problem is reached.”

To learn more about the proposed changes please contact the ADC Legal Department:


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