Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives
U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to leaving the United States for consular processing of their immigrant visa applications.
The focus of the provisional unlawful presence waiver process is to reduce the impact of the current waiver process and waiting time for U.S. citizens by reducing the time U.S. citizens are separated from their immediate relatives.
The waiver is limited to immediate relatives of U.S. citizens who can demonstrate extreme hardship to U.S. citizens.
An alien may be eligible to apply for and receive a provisional unlawful presence waiver if he or she:
- Is present in the United States at the time of filing the application for a provisional unlawful presence waiver, and for biometrics collection at a USCIS ASC;
- Upon departure, would be inadmissible only for unlawful presence at the time of the immigrant visa interview;
- Qualifies as an immediate relative of a U.S. citizen;
- Is the beneficiary of an approved immediate relative petition;
- Has a case pending with the Department of State based on the approved immediate relative petition and has paid the immigrant visa processing fee as evidenced by a State Department Visa Processing Fee Receipt;
- Will depart from the United States to obtain the immediate relative immigrant visa; and
- Meets the requirements for a waiver and can show extreme hardship to his or her U.S. citizen spouse or parent.
If you believe that you or your immediate relative may be eligible for a provisional waiver, contact the immigration lawyers of Zneimer & Zneimer P.C. today. You can reach us online or at 773-516-4100 to schedule a consultation.