The Obama administration is seeking to expand the categories of illegal immigrants seeking legal status who will be allowed to remain in the U.S. rather than be forced to return to their home countries while their cases are adjudicated.
In a proposed rule from the Department of Homeland Security, the administration seeks to expand on a 2013 rule— which allowed illegal immigrants with a U.S. citizen spouse or parent to apply for a waiver in the U.S. from the requirement that they return to their home countries for three to 10 years to apply for legal status, if they could prove “extreme hardship.”
“That process allowed such aliens to apply for a provisional waiver prior to departing for DOS consular processing of their immigrant visa applications. Instead of requiring them to wait abroad while USCIS adjudicates their application for a waiver of inadmissibility through the Form I–601 waiver process, the provisional waiver process established in 2013 allowed those applicants to remain in the United States with their U.S. citizen relative(s) while awaiting notification of USCIS’s decision on their provisional waiver application,” DHS explained the 2013 rule in their filing.
The new rule expands on the eligible categories of illegal immigrants.