Tuesday, January 10, 2012

New Regulations Will Allow Immediate Relatives to Apply For Unlawful Presence Waiver in the US, Before Returning Home

USCIS announced that it was amending its regulations to permit Immediate Relatives who are not eligible for adjustment of status to apply for an unlawful presence waiver in the US before returning home for final visa processing at the US consulate. The new regulation, not yet in effect, will only apply to spouses of US citizens, children under 21 of US citizens, and parents of US citizen sons and daughters who are 21 or older.

The new regulation will eliminate the long separation period- often more than a year- that usually occurs when an immigrant who has lived illegally in the US for more than 6 months must return home for final visa processing. Immigrants who enter the US without inspection cannot generally adjust status to permanent residency without returning home, even if they are married to a US citizen.


  1. Thanks for sharing us with this new regulation about immigrants. I guess, this is helpful for legal purposes in the country and to avoid the visa problem.

    visa application Philippines

    1. Yes, it is very important to people who used to have to decide between leaving their family for a long period of time or staying here illegaly. Thank you for your comment, Let us know if you have any other questions.