Expanded Provisional Waiver Helps Family Members of Permanent Residents & U.S. Citizens

U.S. Citizenship and Immigration Services (USCIS) recently announced a final rule expanding the existing provisional waiver process. This allows certain individuals who are family members of U.S. citizens and lawful permanent residents who are eligible for immigrant visas to more easily navigate the immigration process.

The initial process, established in 2013, allowed certain 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. The rule USCIS recently announced, which goes into effect on August 29, 2016, expands the eligibility for the provisional unlawful presence waiver to all individuals who are statutorily eligible for the unlawful presence waiver, including family members of lawful Permanent Residents.

In order to qualify for the expanded provisional waiver, applicants must be physically present in the U.S., have an approved immigrant petition on their behalf, and demonstrate extreme hardship to a U.S. citizen or Permanent Resident 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 Provisional Waiver.

If you have any questions or if you want to know if these changes will help your family, please contact our Firm at 704-442-8000 to schedule a consultation to discuss your case in more detail.

Return to prior page.