Provisional Waiver Attorneys

As of March 2013, regulatory changes allow undocumented immediate relatives of U.S. citizens to file an Application for Provisional Unlawful Presence Waiver before leaving the U.S. to attend their visa interviews. This dramatically decreases the time these applicants will have to spend outside the U.S., and it is an important move toward keeping families together.

Garfinkel Immigration Law Firm has the experience and knowledge you need to seek a provisional waiver. Our team includes board-certified immigration law attorneys and staff who are committed to quality client service.

How The Program Works

The provisional waiver program is relatively new. It was designed to assist individuals who have admissibility issues or who need to resolve unlawful presence issues before they can obtain green cards.

If you are required to participate in a consular interview abroad, this program allows you to seek a waiver in advance. When you go to the interview, you can rest assured that the waiver has already been granted (assuming that you meet all the necessary criteria) so that you may be able to obtain a visa and come back to the U.S.

Before the provisional waiver was possible, individuals who went to consular interviews would have to start the waiver application process at the interview. This means that they could be stuck outside the U.S. for six months or longer waiting for that waiver to come through. Now, our law firm can help you seek the waiver in advance and facilitate a faster return home. Our mission is to ensure that you are reunited with your loved ones as soon as possible.

Qualifying For The Waiver

To qualify, applicants must be physically present in the U.S., at least 17 years of age, be classified as the immediate relative (spouse, minor child or parent) of a U.S. citizen and demonstrate extreme hardship to a U.S. citizen spouse or parent.

This provisional waiver only applies to those who are inadmissible for unlawful presence. If you are inadmissible for any other reason such as a criminal conviction or a removal order, you are not eligible to apply for the waiver.

To arrange a consultation and learn more about qualifying for a Provisional Unlawful Presence Waiver, call our provisional waiver lawyers in Charlotte at 704-442-8000, or contact us by email.