The latter. It applies to people who aren't eligible to adjust status in the U.S., and who must leave the U.S. to go through consular processing, but as soon as they depart to go through that process, they trigger a three or ten year bar to returning based on their accumulation of certain amounts of unlawful presence in the U.S. prior to the departure. There is a waiver for those unlawful presence bars, but processing of the waivers can take a significant amount of time. The new process allows certain individuals potentially subject to the bars to apply ahead of time for the waivers, before they leave the U.S. and actually trigger the bars.
First, it is not a law ... it is a new way of 'running' an existing process of reviewing waiver requests from people that have been unlawfully present in the US and have immediate family members that would suffer extreme hardship if kept apart.
Second, I think you are confusing this waiver process with proposals for Comprehensive Immigration Reform ... yes, many of us hope that there will be reform and encourage all US Citizens to let their congresspeople know that they believe that "The time is Now" for CIR.
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The new provisional waiver (I-601) is for individuals who entered the United States in unlawful status. I know that immigration laws and new regulations can be confusing. In order to answer these questions my firm is currently hosting an OPEN HOUSE at our office every Friday. There is no cost for your visit and you may come in and receive information about the waiver process and the latest news on the immigration reform proposal. You may contact us directly at 404-992-6506 or at email@example.com.
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