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What is a provisional waiver?
In certain immigration cases, one can apply for a “provisional waiver” of unlawful presence. These waivers were created to undo the legal trap created for certain green card eligible people who had entered the U.S. illegally.
An immigrant who enters the U.S. illegally cannot legally apply for a green card within the U.S.; but if they leave the U.S., the only way to return without facing a three- or ten-year penalty bar is to request a waiver.
“Law Offices of Anton“ provides legal representation to non-citizens in removal proceedings in immigration courts as well as representation and assistance with preparation of applications for Provisional Waivers…etc.
The provisional waiver process benefits an applicant for residency because they will not have to apply for a Waiver of Unlawful Presence from outside the United States.
If you have entered the US illegally – without inspection or documents – you may apply for a Waiver of Unlawful Presence while you are living here with your Family. You need not worry about the risk of having your waiver denied while you are out of the country.
Who Is Eligible To File The New Provisional Waiver?
The applicant must meet the following requirements to be eligible for the new waiver program:
* Physically present in the United States at the time of filing the waiver application
* Be 17 years of age or older
* Be an immediate relative of a U.S. citizen (spouse, parent, or child)
* Have an approved I-130 petition or I-360 petition
* Be able to show “extreme hardship” to the U.S. citizen spouse or parent
On January 2nd, 2013 USCIS announced a new waiver for unlawful presence waiver program. This waiver was launched in order to reduce the amount of time U.S. citizens separated from their immediate relatives who are already going through the process of becoming a legal permanent resident.