After a long wait, what a great way to start 2013!  Tomorrow, the Department of Homeland Security will publish the final rule about provisional (stateside) waivers, a new procedure that will begin on March 4, 2013 – and a change to what is often known as “la ley del castigo” – the law of punishment.

What does this mean?

We blogged about this rule when the rule was first published in April 2012 and even before than in January when it was first announced.  Basically, it allows for foreign nationals to get their green cards without having to wait a long time outside the US and be separated from their US citizen families.  They still have to leave the US to pick up their visas (once approved), but they will know before they leave whether they will be allowed back in.  That process of knowing before you leave is called a “provisional waiver” and it’s filed in the United States on a new immigration form which will be Form I-601A.  While it’s pending, the applicant gets to stay in the US and does not have to wait outside the United States.

The final rule is definitely good news.

Who Can Apply?

What Is The Process?

The greatest things about the final rule are:

The worst things about the final rule are:

It’s complicated – but it might help you.  There’s a lot more to this rule that we’re still working on so that our readers can understand it.  Whether you qualify is a complicated question.  If you do qualify, how to prove it is an even more complicated question.  But if you need to know now –  fill out the form below and we will contact you within 1 business day with some advice:

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