In Texas, a provisional unlawful presence waiver is a family immigration document used by candidates seeking immigration visas. The group includes the family-sponsored, the gainfully employed and Diversity Visa applicants.
What the waiver does
The provisional unlawful presence waiver is designed to shorten the period U.S. residents and lawful permanent members of their family remain separated. The waiver is only applicable if the candidate is currently undertaking the process of obtaining an immigration visa.
Before applying for a provisional unlawful presence waiver, you have to meet certain requirements. You must:
- Be 17 years old or above
- Have an application for an immigration visa filed
- File applications and offer biometrics in person in the United States
- Have a pending case with the Department of State
- Believe you may be inadmissible due to a prior unlawful presence in the U.S.
- Show that a refusal for admission to the U.S. will result in extreme hardship to legal permanent residency or U.S. citizenship for a spouse or parent
- Meet all other requirements as detailed in Form I-601A and 8 CFR 212.7(e)
How to apply for a provisional unlawful presence waiver
Carefully following the instructions, fill out the Form I-601A application. If not properly completed, it will be rejected. There will be no opportunity to make corrects.
Mail the form to the USCIS Chicago Lockbox at USCIS, P.O.B. 4599, Chicago, IL, 60680. After receiving a receipt of the form and paying any applicable fees, you will get an appointment at your local Application Support Center.
Take note that many provisional unlawful presence waiver candidates get victimized by scammers offering to manage the filing process. These scammers, who have no authorization or experience with family immigration matters, ask for fees.
Your best chance for remaining in the U.S and protecting you and your family is to talk to a family immigration lawyer.