What is the Provisional Waiver?
Persons who are ineligible to adjust status in the U.S. because they entered without inspection, but who have an approved I-130 petition, and a parent or spouse who is a United States Citizen (USC) or Lawful Permanent Resident (LPR) who would suffer extreme hardship if the waiver were not approved, may qualify for the provisional waiver.
The provisional waiver waives the unlawful presence bar to adjustment of status. Previously, persons applying for this waiver were required to wait outside of the U.S., separated from their families, while a decision was made. Under current procedures, the waiver is a critical part of a multi-step process which allows certain people to obtain permanent residence in the U.S. after approval at a consulate abroad, through a procedure called consular processing. It is important to note that the provisional waiver only waives the unlawful presence ground of inadmissibility and if there are other factors present such as convictions for certain crimes, false claims to U.S. Citizenship, misrepresentation, or other grounds of inadmissibility, seeking the provisional waiver may not be the best option or may require additional waivers and processing for the applicant to obtain their permanent residence. This is a complicated and high-stakes area of immigration law. Our Jacksonville immigration attorneys regularly represent families seeking this waiver and are available to meet with you to discuss the specifics of your case and whether you may qualify.