USCIS is proposing to change the process for the filing and adjudication
of particular applications for waiver of inadmissibility filed in
connection with an immediate relative immigration visa application.
USCIS is looking at making changes to allow some relatives of U.S.
citizens to request provision waivers before departing the U.S. for the
consular processing of the immigrant visa applications.
If approved, this legislation would enable applicants to obtain this
waiver in cases when a Form I-130, the Petition for Alien Relative, is
filed by a U.S. citizen on his or her behalf and when that petition is
approved. The immigrant would then be considered an “immediate relative”
and would have to establish that the denial of this waiver would result
in “extreme hardship” to the petitioner’s U.S. citizen spouse or parent
“qualifying relative”. In this instance, the qualifying relative would
not have to be the immediate relative who filed the petition on the
immigrant’s behalf.
