United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2013_register executive 2013-01-09 article Part III Rules and Regulations D09002ee1c7fc0327 D09002ee1c7fc03b1 United States Department of Homeland Security originator org United States Government Agency or Subagency On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications. This final rule implements the provisional unlawful presence waiver process. It also finalizes clarifying amendments to other provisions within our regulations. The Department of Homeland Security (DHS) anticipates that these changes will significantly reduce the length of time U.S. citizens are separated from their immediate relatives who engage in consular processing abroad. DHS also believes that this new process will reduce the degree of interchange between the U.S. Department of State (DOS) and USCIS and create greater efficiencies for both the U.S. Government and most provisional unlawful presence waiver applicants. DHS reminds the public that the filing or approval of a provisional unlawful presence waiver application will not: Confer any legal status, protect against the accrual of additional periods of unlawful presence, authorize an alien to enter the United States without securing a visa or other appropriate entry document, convey any interim benefits (e.g., employment authorization, parole, or advance parole), or protect an alien from being placed in removal proceedings or removed from the United States in accordance with current DHS policies governing initiation of removal proceedings and the use of prosecutorial discretion. 78 FR 536 https://www.govinfo.gov/app/details/FR-2013-01-03/2012-31268 2012-31268 fr03ja13-8 RIN 1615-AB99 9111-97-P CIS No. 2519-2011 DHS Docket No. USCIS-2012-0003 https://www.govinfo.gov/app/details/FR-2013-01-03/2012-31268 https://www.govinfo.gov/content/pkg/FR-2013-01-03/html/2012-31268.htm https://www.govinfo.gov/content/pkg/FR-2013-01-03/pdf/2012-31268.pdf 43 p. 536 578 78 FR 536 Title 8 Part 103 8 CFR Part 103 Title 8 Part 212 8 CFR Part 212 RIN 1615-AB99 Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives; Federal Register Vol. 78, Issue RULE 2012-31268 III DEPARTMENT OF HOMELAND SECURITY 2013-03-04 CIS No. 2519-2011 DHS Docket No. USCIS-2012-0003 9111-97-P 2012-31268 Final rule.

On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications. This final rule implements the provisional unlawful presence waiver process. It also finalizes clarifying amendments to other provisions within our regulations. The Department of Homeland Security (DHS) anticipates that these changes will significantly reduce the length of time U.S. citizens are separated from their immediate relatives who engage in consular processing abroad. DHS also believes that this new process will reduce the degree of interchange between the U.S. Department of State (DOS) and USCIS and create greater efficiencies for both the U.S. Government and most provisional unlawful presence waiver applicants. DHS reminds the public that the filing or approval of a provisional unlawful presence waiver application will not: Confer any legal status, protect against the accrual of additional periods of unlawful presence, authorize an alien to enter the United States without securing a visa or other appropriate entry document, convey any interim benefits (e.g., employment authorization, parole, or advance parole), or protect an alien from being placed in removal proceedings or removed from the United States in accordance with current DHS policies governing initiation of removal proceedings and the use of prosecutorial discretion.

This final rule is effective March 4, 2013. Roselyn Brown-Frei, Office of Policy and Strategy, Residence and Naturalization Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2099, Telephone (202) 272-1470 (this is not a toll free number). Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives , http://travel.state.gov/visa/statistics/statistics_1476.html http://travel.state.gov/visa/temp/types/types_1263.html#perm http://www.bls.gov/news.release/archives/ecec_03142012.htm http://www.bls.gov/oes/2011/may/oes_nat.htm http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2011.pdf http://www.dol.gov/dol/topic/wages/minimumwage.htm http://www.justice.gov/eoir/statspub/fy11syb.pdf http://www.pewhispanic.org/files/2011/12/Unauthorized-Characteristics.pdf http://www.regulations.gov http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b1ae408b1c4b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=b1ae408b1c4b3210VgnVCM100000b92ca60aRCRD http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/NTA%20PM%20 https://egov.uscis.gov/cris/processTimesDisplayInit.do site-www.uscis.gov www.regulations.gov www.uscis.gov www.uscis.gov/avoidscams www.uscis.gov/NTA Vol. 78, no. 2 Office of the Federal Register, National Archives and Records Administration 2013-01-03 continuing daily deposited born digital 412 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2013-01-03 P0b002ee183a3efc2 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr03ja13 https://www.govinfo.gov/app/details/FR-2013-01-03 https://www.govinfo.gov/content/pkg/FR-2013-01-03/pdf/FR-2013-01-03.pdf https://www.govinfo.gov/content/pkg/FR-2013-01-03/xml/FR-2013-01-03.xml fdlp 255 660 DGPO 2013-01-09 2024-06-03 FR-2013-01-03 machine generated eng FR FR-2013-01-03 78 2