In April 2012, USCIS published a proposed rule to allow certain
immediate relatives of U.S. citizens who are physically present in the
U.S. to request provisional unlawful presence waivers before leaving the
U.S. for consular processing of their immigrant visa applications. This
rule is now final and will take effect on March 4, 2013. The rule will
implement this provisional unlawful presence waiver process. It will
also finalize clarifying amendments to other provisions, and create
greater efficiencies in the process of managing provisional unlawful
presence waiver applicants.
It should be noted that the Department of Homeland Security is reminding
applicants that the filing or approval of a provisional unlawful
presence waiver application does not provide any legal status nor
authorize the alien applicant to enter the U.S. without securing an
appropriate entry document. It also does not protect an alien from being
placed in removal proceedings or removed form the U.S.
