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Provisional Unlawful Presence Waiver Process

U.S. Citizenship and Immigration Services (USCIS) and the Department of State invited you to participate in a joint stakeholder teleconference to discuss the final rule establishing a new process for certain individuals to apply for provisional unlawful presence waivers while they are still in the United States. The final rule published in the Federal Register on January 3, 2013 and will be effective on March 4, 2013.

The new process allows certain immediate relatives of U.S. citizens, who are physically present in the United States and are seeking permanent residence, to apply for and receive provisional unlawful presence waivers before departing the United States for consular processing of their immigrant visa applications abroad. This process change will reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the immigrant visa process to become lawful permanent residents.

The teleconference provided an overview of the provisional unlawful presence waiver eligibility criteria and process. Representatives from USCIS and the Department of State responded to questions related to procedural and operational matters.

Please note that this new process will not be effective until March 4, 2013, and USCIS will not accept any applications until the effective date. This final rule is separate and distinct from the Form I-601 centralization process.

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