ULP Waiver: USCIS Finally Announces NEW Provisional Unlawful Presence Waiver Application Process.

The Department of Homeland Security (DHS) just made its long awaited announcement on when the new Provisional Unlawful Waiver (ULP) process will begin. According to the most recent information the new process will begin on or around March 3, 2013 and will be done by filing a new Form I-601A. You are only eligible for new provisional ULP waiver process if:

1. You are physically present in the United States;

2. You are at least 17 years of age at the time of filing;

3. You are the beneficiary of an approved immigrant visa petition classifying you as the immediate relative of a U.S. citizen;

4. You have already paid your immigrant visa processing fees to the U.S. Department of State (DOS);

5. You are, or will be at the time of the immigrant visa interview, inadmissible based on having accrued more than 180 days of unlawful presence in the United States.

6. If you are, or were, in removal proceedings, your case is administratively closed.

7. You did not have an immigrant visa interview schedule prior to January 3, 2013.

Eligibility to file for the ULP provisional waiver does not mean it will be granted. Each application will be decided on a case by case bases by USCIS. Therefore, you should make sure that your waiver application is done correctly and presented in the best way possible.