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Important Notice: I-601 Provisional Waiver Procedures Not in Effect

March 30, 2012

On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking in the Federal Register about new procedures under consideration for some I-601 waiver applications. Once implemented, these changes would allow certain immediate relative immigrant visa applicants (the spouse, children, or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of unlawful presence bars before leaving the United States. These new procedures will not apply to family-sponsored preference visa categories.

These new procedures are not in effect and will not be available to potential applicants until USCIS publishes a final rule in the Federal Register specifying the effective date. USCIS will not accept applications for provisional waivers before the effective date (not yet determined). Immigrant visa applicants are encouraged not to cancel or fail to appear for a scheduled visa interview. Please read the USCIS advisory in English and Spanish.