USCIS is currently investigating the potential of making changes that would allow some immediate relatives of U.S. citizens to receive a provisional waiver of the unlawful presence bars before leaving the U.S. This procedural change would apply to spouses, children or parents of U.S. citizens who are able to demonstrate extreme hardship.
USCIS reminds applicants that these procedures are not yet in effect; they will not be available to potential applicants until a final rule is published in the Federal Register that specifies the specific effective date. USCIS is currently planning to publish a notice of proposed rulemaking sometime in the next few months. An open comment period will then be activated, in which the public can comment on the proposed rulemaking. Please note that any applications requesting this new process will be rejected and the application package and related fees will be returned to the applicant.
