The US Citizenship and Immigration Service has published its propose regulations in the Federal Register sparking the long-awaited change in provisional waivers for the spouses of lawful permanent residents. This step is legal movement as a result of Obama executive action in November. Currently, spouses of United States citizens can seek a waiver for previous unlawful presence in the United States while in the U.S. President Obama directed USCIS to allow spouses of lawful permanent residents to be able to do the same.
This is only a proposed rule and DHS is seeking public comments on it. The effective date will be published with the final rule in the future. Permanent resident spouses should not try and apply for this type of waiver at this time until the rule becomes final. North County Immigration handles a significant amount of these type of waiver applications for families and have had a tremendous amount of success. We look forward to the finalization of the new rule so that we may expand our services for provisional waivers to spouses of permanent residents. Contact our office to learn more of how we can help your matter.