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Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives

Unlawful Presence Waiver in the United States Chicago Immigration Unlawful Presence Waiver Lawyers

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 noncitizen may be eligible to apply for and receive a provisional unlawful presence waiver if he or she:

  1. 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;
  2. Upon departure, would be inadmissible only for unlawful presence at the time of the immigrant visa interview;
  3. Qualifies as an immediate relative of a U.S. citizen;
  4. Is the beneficiary of an approved immediate relative petition;
  5. 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;
  6. Will depart from the United States to obtain the immediate relative immigrant visa; and
  7. 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.

Client Reviews
Someone rear-ended my car last spring and I was injured. Peter and Sofia Zneimer and they staff were professional and were always available by phone. I knew that the insurance of the other driver wasn't very good but they were still able to settle my case promptly and I was satisfied with the money I received. Overall, a very good trusted experience. Natig M.
I highly recommend the services of Zneimer and Zneimer. I often seek legal advice from them related to my immigration status and way forward. Both Sofia and Peter are very detailed and quick in answering any question. I laud their professionalism and a very efficient team that works for them. Suman S.
I totally recommend Sofia, she is the best lawyer in Chicago area. She is very professional, very detailed with her work and supportive. She always goes above and beyond to ensure the best outcome. Caring, compassionate and only the best for your family. I won my case because of her professionalism and her knowledge of the law. Aurel P.
I have dealt with Sofia Zneimer since 2009. She is a great lawyer and has helped me tremendously in navigating the process of green card. She is a great resource to have by your side. She is easy to reach. She responds very quickly, which was very important for me. If she can’t answer the question the same day, she does let you know that she is working on it. I would have no hesitation in recruiting her. Hemant S.
I called Zneimer & Zneimer after I was rear-ended on the highway. Peter and Sofia Zneimer have been very helpful in dealing with the insurance company and getting money for my car damage. They are also handling my injury case. They answer all my questions and I am always able to reach them on the phone anytime I want to talk to them. I am confident in having them represent me. The best choice i ever made. Thank you! Emil G.