Applying for a Provisional Unlawful Presence Waiver
Photo by Jonathan Borba on Unsplash. The Provisional Unlawful Presence Waiver is for immediate relatives of U.S. Citizens or Lawful Permanent Residents (LPRs) applying for a green card who are not eligible to adjust their status in the United States because they have accrued more than 180 days of unlawful presence while in the United States. This waiver overcomes the unlawful presence bar, allowing beneficiaries to return to the United States after their immigrant visa interview at a U.S. Consulate abroad.
What is the Provisional Unlawful Presence Waiver?
The Provisional Unlawful Presence Waiver is for immediate relatives of U.S. Citizens or Lawful Permanent Residents (LPRs) applying for a green card who are not eligible to adjust their status in the United States because they have accrued more than 180 days of unlawful presence while in the United States. This waiver overcomes the unlawful presence bar, allowing beneficiaries to return to the United States after their immigrant visa interview at a U.S. Consulate abroad.
What is the process?
Have an approved Form I-130, Petition for Alien Relative, Form I-140, Petition for Alien Worker; Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant or be selected in the Diversity Visa Program.
Pay the immigrant visa fee and notify the National Visa Center to wait to schedule the interview after the approval of the provisional waiver application.
Submit the I-601A, Application for Provisional Unlawful Presence Waiver with the appropriate fee and supporting documentation.
Attend biometrics appointment.
Upon approval of the waiver, the National Visa Center will be notified and they will schedule the interview at a U.S. Consulate abroad.
What else do I need to know?
Having a pending application for a provisional unlawful presence waiver or an approval of such a waiver will NOT:
Grant you any benefit or protect you from being removed from the United States.
Allow you to apply for interim immigration benefits such as work authorization or advance parole.
Guarantee that a Consulate abroad will issue you an immigrant visa.
Guarantee U.S. Customs and Border Protection will admit you into the United States.
Give you a legal immigration status.
Change the requirement that you must depart the United States to obtain an immigrant visa.
The approval of a provisional unlawful presence waiver does not make you eligible for adjustment of status in the United States. You will still need to leave the United States and apply for an immigrant visa at a U.S. Consulate abroad.
More questions about the Provisional Waiver? Contact us and we can help you determine your eligibility for this and other forms of immigration relief. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
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