How Do You Qualify For A Provisional Waiver Of Unlawful Presence?

  1. You must be the immediate relative (spouse, child or parent) of a U.S. citizen.
  2. You must be 17 years old or older.
  3. You must be the beneficiary of an approved immediate relative petition with United States Citizenship and Immigration Services (USCIS).
  4. You must be present in the U.S. for application filing and biometrics collection at USCIS.
  5. You must be inadmissible only because of unlawful presence.
  6. You must show the denial of the waiver would result in extreme hardship to your U.S. citizen spouse or parent.

The new process for applying for a provisional unlawful presence waiver (I-601A) drastically reduces the amount of time U.S. citizens are separated from their immediate relatives. It allows qualifying individuals to apply for the waiver and receive approval before they must leave the U.S.

Additionally, obtaining a provisional waiver greatly reduces the time you spend in a foreign country awaiting visa issuance. In many cases, your relative can return within five working days.

Since Jan. 3, 2013, USCIS has amended its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the U.S. to request provisional waivers of unlawful presence prior to departure from the U.S. for consular processing of their immigrant visa applications.

Do You Need A Lawyer To Get A Provisional Waiver?

Working with an experienced lawyer puts you a big step ahead in the approval process. At Trevino Immigration Law in San Antonio, we help each of our clients prepare a convincing, personalized case for his or her provisional waiver eligibility. We will help you gather evidence to show inadmissibility and prove hardship upon your U.S. citizen relatives.

Attorney David Trevino has over 12 years of experience handling immigration cases in Texas. Your chances of success increase dramatically with a legal counselor and advocate in your corner.

Don't Make A Costly Mistake — Get Reliable Legal Counsel Now

We'll guide you through every stage of the process. Please contact us online or call us at 210-544-5105 to schedule a free initial consultation with attorney Trevino in San Antonio. We look forward to speaking with you.

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