Provisional Waiver

A Provisional Waiver may be able to keep your family together.

Nothing is more precious than family time. If members of your family fear deportation because they’ve entered the country illegally, there may be a way to legally alleviate that burden. Certain relatives of U.S. citizens and permanent residents may apply for an immigrant visa and request a waiver of the 3 and 10 year bars for unlawful presence before leaving the U.S.

Who is required to apply for a provisional waiver?

As of January 3, 2013, an important waiver available to inadmissible immigrants was enacted to help keep families together.  Also called a “stateside†waiver, it applies to aliens who are not eligible to adjust their status in the United States and must travel abroad to obtain an immigrant visa.  Of course, any individual who has spent more than 180 days in the United States without permission begins to incur penalties, including a bar to returning to the U.S. (anywhere from 3 to 10 years once they’ve departed the U.S.).   As such, individuals required to leave the country to obtain a visa who have any significant unlawful presence in the United States must request a waiver of the penalties they are subject to.

Can this be done in the United States?

Yes.  The purpose of the provisional waiver was to eliminate excessive wait times outside of the U.S. while the waiver was being processed.  In order to qualify for the waiver, the applicant must have a qualifying relative upon which to base the waiver: United States citizen or legal permanent resident parents or spouse.

How long have aliens been able to apply for provisional waivers?

Applications for provisional unlawful presence waivers were first made available in 2013. The process was later expanded in 2016 to include additional qualifying relatives.

How would I apply for a provisional waiver?

You will need to follow the instructions for Form I-601A, Application for Provisional Unlawful Presence Waiver, and fully complete the application. An application may be rejected if: a) it is not properly filed; b) does not have the correct biometric fees, and/or; c) does not meet the filing criteria established by federal law.  Additionally, no other application or petition should be filed with Form 1-601A.

Who can help me with this?

Remember, you don’t have to do all of this alone.  An attorney that specializes in immigration law can instruct and help you file the necessary paperwork.

At Diaz Shafer, P.A., we offer expert assistance with any legal matter involving immigration, including immigration services for individuals, businesses, military personnel, and deportation defense.  We are experienced, multi-lingual, and proven in the courtroom. To learn more, visit www.diazshafer.com.