In August 2016, a new rule went into effect that expands upon the provisional waiver process, which now allows certain people who are by law eligible for an immigrant visa to apply for a provisional waiver. The provisional waiver process or the provisional unlawful presence waiver process permits some non-citizens who are living in the U.S. to seek a provisional waiver from the U.S. Citizenship and Immigration Services on inadmissibility grounds before leaving the U.S. for processing of their immigrant visas by the consular.
This process encourages unlawfully present non-citizens to depart the U.S., attend their interviews for their immigrant visas, and to return legally to the U.S. to rejoin their family members who are U.S. citizens or green card holders, also known as lawful permanent residents. Prior to August, only immediate relatives of U.S. citizens could seek provisional waivers, but now not only are immediate relatives eligible for a waiver, but anyone who is statutorily eligible for an immigrant visa may be able to obtain a waiver. If you believe you are in a situation where you think you might benefit from a provisional waiver, it is important that you consult with an experienced Immigration Lawyer at Sanabria & Associates right away.
The provisional waiver process allows certain individuals who are eligible for an immigrant visa, including immediate relatives or employment-based or family sponsored immigrants, and who need a waiver before they leave the U.S. for their immigrant visa interview, to apply for and possibly obtain that waiver. One of the benefits of this process is that the process of obtaining an immigrant visa is streamlined so that the wait time for obtaining a visa is reduced. Moreover, the process also reduces the amount of time that a visa applicant is separated from their family members who reside in the U.S. as U.S. citizens or green card holders, known as lawful permanent residents. Thus, the new process promotes family unity while also improving administrative efficiency.
To apply for a provisional unlawful presence waiver, you must meet certain requirements. Before filling out an application, you should make sure that you can fulfill the following:
When applying for a waiver, you will have to fill out and complete an application and will likely have to provide additional biographic and biometric information.
If you are living in the United States and are currently seeking an immigrant visa, depending on your circumstances, you may qualify for a provisional unlawful presence waiver, particularly if you think that your presence in the U.S. is unlawful. A provisional waiver can facilitate the immigration process and can help cut down on the amount of time you might be away from your family while completing the processing abroad. Let an experienced attorney at Sanabria & Associates advise you whether a waiver might benefit your situation. Contact Sanabria & Associates 24/7 via phone in Maryland at (301) 585-8400, or in D.C. at (202) 506-4404 or via email for a free consultation or to schedule an office visit.
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