Provisional Waiver (I 601A) Final Rule Published January 3, 2012 - full text HD

http://peerallylaw.com Phone (510) 742 5887 Read Full Text Here http://immigrationlegalblog.com/wp-content/uploads/2013/01/601A-waiver-proposed-rule.pdf Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: 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. Table of Contents: I. Executive Summary A. Purpose of the Regulatory Action B. Summary of the Major Provisions of the Regulatory Action C. Costs and Benefits II. Legal Authority III. Background A. Notice of Intent B. Proposed Rule C. Final Rule IV. Public Comments on Proposed Rule A. Summary of Public Comments B. Legal Authority to Implement the Provisional Unlawful Presence Waiver Process C. Eligibility for the Provisional Unlawful Presence Waiver D. Filing Requirements and Fees E. Adjudication F. Denials, Motions to Reopen or Reconsider, and Appeals G. Effect of Pending or Approved Provisional Unlawful Presence Waivers H. Automatic Revocation 2 I. Comments on Form I-601A, Application for Provisional Unlawful Presence Waiver J. Miscellaneous Comments K. Comments on Executive Orders 12866/13563 Analysis V. Regulatory Amendments VI. Statutory and Regulatory Requirements A. Unfunded Mandates Reform Act of 1995 B. Small Business Regulatory Enforcement Fairness Act of 1996 C. Executive Orders