Provisional Unlawful Presence Waiver

The majority of noncitizens who enter the United States without inspection (illegally) and remain here for 180 days or more will generally be subject to a three or ten year bar (punishment) imposed by U.S. immigration laws. The same law applies to noncitizens who enter the U.S. with a visa and overstay the date by which they had to depart by more than 180 days. Normally this three or ten year punishment is triggered the moment the noncitizen departs the United States, for example when they go to a visa interview abroad. This presents a big challenge specifically for people who are looking to legalize their status in the U.S. through a family-based petition which requires a visa interview at a U.S. embassy abroad.

There is an exception to this rule that applies only to noncitizens that have a U.S. citizen or Lawful Permanent Resident spouse or parent. In order to benefit from this exception, the noncitizen would have to apply for a Provisional Unlawful Presence Waiver (Provisional Waiver) before their departure from the United States. The Provisional Waiver will only be approved if the noncitizen can prove that the U.S. citizen or Lawful Permanent Resident spouse or parent would suffer EXTREME hardship if their admission to the United States were denied.

Proving extreme hardship consists of demonstrating with to an immigration officer that the hardship that the U.S. citizen or Lawful Permanent Resident family member would experience is unlike the regular hardship that occurs from family separation and that it is unique to the applicant’s case.

Our law firm has vast experience preparing these provisional waiver packets. We start by first gathering information from our clients and identifying the different possible hardship factors in their specific case that can be presented to the immigration officers. We then support the claims with a large amount of evidence. We know that without an approval of a provisional waiver, our clients will not be able to complete their legalization process which is why we make sure they are complete and approvable. With an approximate approval rate of ninety-nine percent, our law firm is proud to say we are the best in the United States!

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