Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens can apply for provisional unlawful presence waivers before leaving the U.S. for their consular interview. On August 29, 2016, this process was expanded to include all individuals who are eligible for an immigrant visa and need a waiver of inadmissibility for unlawful presence in the U.S.
Those who are not eligible to adjust their status within the U.S. must travel abroad to obtain an immigrant visa. Individuals who have accumulated over 180 days of unlawful presence in the U.S. need to obtain a waiver to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. Typically, these individuals cannot apply for a waiver until after they attend their immigrant visa interview abroad and are determined inadmissible by a consular officer.
The provisional unlawful presence waiver process allows those eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants, and Diversity Visa selectees) to apply for a waiver of unlawful presence in the U.S. before leaving for their immigrant visa interview.
This process was introduced to reduce the time U.S. citizens and lawful permanent residents spend separated from their family members during the immigration process.
Note: An experienced immigration attorney is essential for successfully handling these complex waivers. Our attorneys are well-versed in managing all types of I-601 and I-212 waivers. Contact us for more details.