USCIS Widens Eligibility for Provisional Waiver of Inadmissibility


USCIS has published in the Federal Register that it intends to widen the eligibility circle of who may apply for a Provisional Waiver of Inadmissibility on behalf of a relative. Until now only U.S. citizen visa petitioners may apply for a waiver on behalf of a spouse or parent if the U.S. relative would suffer “extreme hardship” should the immigration of the foreign relative be blocked. The Proposed Rule published in the Federal Register on July 21, 2015 would greatly expand the waiver process to allow “…(1)All immigrant [visa] beneficiaries (Employment-Based, Family-Sponsored, Diversity [DV lottery], Etc.) to apply for Provisional Waivers, even years before [the visa] priority dates are current, if the Immigrant visa Petition has been approved; and (2) it would also allow LPR [green card] parents and spouses to be the ‘Qualifying Relatives’ requesting the waivers.

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