One of the hardest things about immigration process is that in some cases they unfortunately mean that families are separated. While family members are trying to get an immigrant visa to enter the US in order to live with relatives, for example, they cannot live in the US. Sometimes, the process can take many months or even years, and while the US does all it can to reunite families the separation is challenging.
The US has recently taken some steps to reduce the amount of time families must wait to be reunited. This year, the Department of Homeland Security (DHS) has outlined a plan to reduce the amount of time families need to spend separated when getting green cards for immediate relatives. However, since that announcement, the USCIS has been informed that there is some confusion about the effects of this plan and some confusion about the provisional unlawful presence waiver process. The USCIS therefore has released an official statement indicating that:
1) Currently, the Provisional Unlawful Presence Waiver is not in effect. The plan has only been submitted and once the Provisional Unlawful Presence Waiver is in effect the USCIS will announce this. This could happen later in 2012. As a result, applicants should not apply for a Provisional Unlawful Presence Waiver – any such applications will be rejected.
2) Applicants and immigrants should be wary of immigration experts, immigration attorneys and notarios who claim that they can secure a Provisional Unlawful Presence Waiver in exchange for cash. No Provisional Unlawful Presence Waivers are currently available to any applicant, so any expert making such claims is not being upfront. In many cases, these experts will attempt to secure money up front in exchange for a Provisional Unlawful Presence Waiver but will not be able to produce the waiver and may refuse to refund any money paid. More information about immigration scams can be found at www.uscis.gov/avoidscams.
3) Anyone interested in a Provisional Unlawful Presence Waiver should wait until the USCIS announces that the Provisional Unlawful Presence Waiver is in effect. At that time, the USCIS will provide details information about applying for the waiver.