Provisional Unlawful Presence Waivers

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How To Obtain Provisional Immigration Waivers

There are several situations where the attorneys at Diron Rutty, LLC can help you obtain a provisional immigration waiver otherwise referred to as provisional unlawful presence waiver. These include:

  • Entered the U.S. to serve as a crew member aboard a ship or airplane
  • Entered with a fiancé visa but never married your fiancé petitioner
  • Entered without papers and are the spouse, parent, or child of a U.S. citizen

Under these circumstances and others, you may have overstayed your current visa or not have had the correct immigration status, to begin with. If you want to apply for a green card now, it can become a difficult process because you may be wary of or unable to leave the country to do so. Our immigration lawyers work with people every day who are in a similar immigration situation to yours and we know how scary it can be when your future is uncertain. We will calm your fears and guide you through the process, including regarding the important decision of whether to apply for and obtain a provisional waiver before departing the United States. It is important to analyze the rewards of this against the risks in applying for this waiver, as it may not be beneficial to apply in every situation.

Provisional unlawful presence waivers became effective as of March 4, 2013. The benefits of these waivers are primarily that they can help reduce your anxiety of part separation from family. The immigration law may also allow you to remain in the United States without risking a change of status, meaning you can stay with your family and reduce the amount of time that you’ll have to spend apart.

How To Obtain Provisional Immigration Waivers

A Provisional Waiver May Be Your Best Option

Some people may be eligible on paper for a green card but may not be able to get the green card while they reside in the United States. Many people apply for their green card using the Adjustment of Status process, which means they must be present in the United States on a current non-immigration visa. However, some applying for their green card may not be eligible for an adjustment of their status while within the United States but may also be afraid to leave in order to use the other path to getting their green card, which is through Consular Processing. They might be afraid to leave because their presence within the United States may have been unlawful at one time or another and could end up blocking their return to their family. Not having a current status and not being able to leave the country means you likely feel as if you have very few options when it comes to applying for your green card.

With a provisional waiver, however, you can file the applicated before leaving the United States and remove the uncertainty that you won’t be allowed back in with your family. If you are facing a difficult immigration application or are unsure whether or not a provisional waiver could benefit your situation, our immigration lawyers are here to help you. They can answer your questions about the waiver program and help you determine whether or not it is the best course of action for your situation.

Do You Meet The Requirements For A Provisional Unlawful Presence Waiver?

There are a number of requirements that applicants will need to meet before they can fill out the I-601A application, also known as a provisional waiver:

  • You are 17 or older.
  • You are the spouse, child or parent of a U.S. citizen.
  • You have an approved I-130 Petition for Alien Relative.
  • You have an immediate relative petition pending with the Department of State.
  • The denial of your visa would cause extreme hardship to your U.S. citizen relative.
  • You are physically present in the U.S. when you file your I-601A petition.
  • You were not scheduled for a visa interview before January 3, 2013.
  • You meet all other normal requirements for unlawful presence waivers.

If you meet these requirements and believe filing a provisional unlawful presence immigration waiver would benefit your situation, contact our office to get started.

Working With an Experienced Immigration Attorney Can Help You Get the Best Outcome for Your Case

Cases involving provisional unlawful presence waivers are often complicated and rarely straightforward. Unfortunately, every aspect of your case must be carefully considered to determine the best path toward legal immigration into the United States. Filling out these applications requires intense attention to detail; the cost of making a mistake is high, including being separated from your family and the life that you know in the U.S.A. That’s why you are highly encouraged to work with an experienced immigration attorney when it comes to filling out any part of your immigration paperwork, including the application for a provisional waiver. That way you can be assured that your best interests are being taken into account and you have someone who is looking out for you every step of the way through this complicated and time-consuming process.

If you are considering filing a provisional unlawful presence waiver, talk to The Law Offices of Diron Rutty, LLC. Our legal team is happy to assist you with this process and help you get the best possible outcome for your case. You can give us a call, use the form on our website, or email us. We offer consultations on immigration cases so you can learn more about your options to resolve overstaying your current visa and how to go about applying for legal immigration status. Get in touch with us today to schedule your consultation and to learn more about how we may be able to help you.

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