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Immigration: What Does The New “Unlawful Presence Waiver” Rule Mean?

Posted on 1/17/2013 by in Immigration

On January 3, 2013, the Department of Homeland Security (DHS) issued a final rule on Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives.

In short, the rule would allow certain immediate relatives of U.S. citizens, who are physically and unlawfully present in the U.S. and can demonstrate that “extreme hardship” would be caused by separation, to request provisional unlawful presence waivers prior to departing from the U.S. for consular processing of their immigrant visa application in a foreign country.  A waiver does not confer legal status, nor does it authorize an individual to work.

Review legal guidance on the new rule, prepared by ANLA’s labor and employment law consultant Monte Lake.