U.S. Citizenship and Immigration Services (USCIS) announced a final rule
expanding the existing provisional waiver process. The waiver program
promotes family unity by reducing the time that eligible individuals are
separated from their family members. This final rule builds on a process
initially established through President Obama’s 2013 executive order
to support family unity. Under Obama’s order, certain immediate
relatives of U.S. citizens subject to the unlawful presence ground of
inadmissibility can apply for a provisional waiver in the United States.
Where the prior version of the rule applied only to those who could show
an extreme hardship to a U.S. citizen spouse or parent, the expanded rule
applies to any eligible applicant, so long as they are not inadmissible
for other reasons. This includes those married to or whose parents are
lawful permanent residents.
Cohen Forman Barone, LLP, welcomes the expansion of the provisional waiver
process and looks forward to continuing in its uncompromising representation
of those seeking a better life in the United States.