The government recently proposed a change to the filing procedure for waivers of inadmissibility outside the United States in connection with immigrant visa processing. This procedure does not apply to companies in general, but it does apply to employees with mixed citizenship families. If your company has employed or would like to employ someone who needs to leave the United States to apply for permanent residence, read on.
The proposed rule change would mostly benefit the spouses and parents of adult U.S. citizens who entered the United States without permission and who have remained in the United States without permission for more than six months. In many cases, the law requires the applicant to apply for an immigrant visa abroad, and then to wait for the immigration service to make a decision on their application to waive the ground of inadmissibility that results from previous unlawful presence. If finalized, the proposed rule will allow waivers to be provisionally adjudicated in the United States before the applicant is required to report to an interview at the U.S. consulate in his or her home country. This proposed rule has the potential to provide greater assurance that the family will be reunited and drastically reduce the amount of time families are separated.