The Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) regularly publishes a list of documents that it will accept as proof of immigration status in connection with an application for a Florida Driver’s License. The list of acceptable documents was recently revised to include individuals who are the beneficiaries of approved I-601A, provisional unlawful presence waiver applications.
On March 4, 2013, U.S. Citizenship and Immigration Services (USCIS) began accepting I-601A provisional unlawful presence waiver applications. Under the provisional waiver process, certain immediate relatives of U.S. Citizens who will be subject to the unlawful presence bar can apply for a waiver and await its adjudication before they have to depart the U.S. Once the provisional waiver application is approved, the applicant must still depart the U.S. and attend a consular interview abroad, before an immigrant visa can be issued. However, the new process lessens the length of separation and encourages family unity while the waiver application is pending.
Waivers of inadmissibility grounds are major undertakings and as such it is very important to consult with experienced counsel before departing the U.S. and before making any immigration filings.