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USCIS Issues Proposed Rule for Provisional I-601 Waivers

Teaser: 

On March 30, 2012, USCIS published proposed regulations for the new provisional I-601 waiver process. The new process will allow aliens to receive a provisional decision before departing the United States.

The 3 and 10 year bars to reentry are triggered upon departing the United States. As the procedure is currently administered, an applicant must depart the United States before applying for an I-601 waiver. If the waiver is denied, the applicant is outside of the United States and subject to reentry. Under the proposed provisional waiver procedure, the applicant will learn whether the waiver is approved before departing the United States.

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