January 6, 2012, Announcement of Plan for Revised Immigration Waiver Process

http://www.nytimes.com/2012/01/07/us/path-to-green-card-for-illegal-immigrant-family-members-of-americans.html?_r=3

This article discusses the Department of Homeland Security’s proposed rule change that would allow spouses and children of U.S. citizens who are in the U.S. to apply for an unlawful presence waiver in the U.S. rather than abroad.  Unlawful presence is triggered if a noncitizen overstays status or is otherwise illegally present in the U.S. for over 180 days or for one year or more, and then leaves the U.S.  A waiver is needed for this ground of inadmissibility and if this proposed rule change becomes law it will allow noncitizens to stay with their U.S. petitioner relative while the waiver is adjudicated in the U.S.