On January 6, 2012, the Obama administration announced an important procedural change for immigrants who are subject to the 3/10 year bars for unlawful presence. In its press release, USCIS stated that it will begin adjudicating I-601 waiver applications at USCIS offices in the United States for these applicants. The rule change will have a significant positive impact on a large group of undocumented immigrants who are eligible for immigrant visas, but afraid to leave the United States for consular processing, for fear that their I-601 waivers will not be granted and they will not be permitted to reenter. Without an approved I-601, these applicants would be required to wait in their home country for 3 or 10 years, depending upon the length of their unlawful presence in the United States.
Under current procedural rules, these applicants may not submit their waiver applications until they have left the United States and had a visa interview at US consulate in their home country. Under the new proposal, they will be able to have their I-601 waivers pre-adjudicated in the United States prior to leaving, thus greatly eliminating the uncertainty that currently surrounds the process, and encouraging eligible applicants to leave the US and submit themselves to consular processing abroad to legalize their immigration status.
If you think this change may benefit you, please call Valentine at 215 979-1840 to discuss your eligiblity.