Beginning March 4, 2013, certain immigrant visa applicants who are not eligible to adjust status within in the United States and who are spouses, children and parents of U.S. citizens may apply for the provisional waiver before departing the United States for their visa interview at a U.S. embassy or consulate abroad. On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States. The benefit of the provisional waiver is that it reduces the time U.S. citizens are separated from their family members during their visa interview abroad.
The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview.
This new process was developed to shorten the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while those relatives are obtaining immigrant visas to become lawful permanent residents of the United States.
Applying for the provisional waiver requires a considerable amount of evidence to prove that a waiver should be granted due to the “extreme hardship” that your U.S. citizen spouse or parent would face if your case is denied. For these reasons, at Fernandez Law Group, PLLC, we we can help you through this complicated process to achieve a favorable decision from USCIS.