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DHS/USCIS RIN: 1615-AC50 Publication ID: Fall 2020 
Title: Revision of Provisional Unlawful Presence Waiver of Inadmissibility 

The Department of Homeland Security (DHS) proposes to strengthen its regulations pertaining to the provisional unlawful presence waiver (provisional waiver). Under the current regulations, certain aliens who are or were unlawfully present in the United States may apply for a provisional waiver of the unlawful presence ground of inadmissibility before they depart the United States to attend a consular interview. However, certain regulatory provisions have undermined the intent of the provisional waiver process and created inefficiencies that DHS seeks to remedy.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 212.7   
Legal Authority: 8 U.S.C 1182(a)(9)(B)   
Legal Deadline:  None
Action Date FR Cite
NPRM  04/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Mark Phillips
Chief, Residence and Naturalization Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000