On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of proposed rulemaking in the Federal Register requesting public comment on its plan to create a provisional waiver process for the unlawful presence ground of inadmissibility for eligible spouses and children of U.S. citizens. Under the current process, all waiver applicants must apply at a U.S. consulate abroad and remain abroad while the waiver is processed. The provisional waiver process would take place in the U.S., with the waiver recipient only travelling once an interview has been scheduled with the U.S. consulate abroad. The goal of the proposed process is to reduce the time that U.S. citizens are separated from their spouse and/or children during the waiver process.
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