Colorado Immigration Lawyer

Provisional Waiver

Benefits and Information for Immigrants!!

Take advantage of this Provisional Waiver information, so that your family can stay together through this stressful time

Secretary of Homeland Security Janet Napolitano has announced on January 2, 2013, that effective immediately, non-citizens that are applying for a waiver of their unlawful entry can do so under certain requirements.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa. Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.

The relief of the new process will reduce the amount of time U.S. citizens are separated from their qualifying immediate relatives. Normally, this process could take from six months to a year to complete. With these new provisions, applicants can stay in the U.S. until the government reviews each case, changing the amount of time spent away from your family to just a couple of days. Filing fee still remains $585. Take advantage of this useful information.

Eligibility Requirements

  • The rule goes into effect on March 4, 2013.
  • Only applicants who are an immediate relative of a US citizen (spouses, parents and certain children).
  • You must be physically present in the United States, and not already have a scheduled interview at a U.S. consulate abroad.
  • If you are in immigration court or have an order of removal/voluntary departure (you do not qualify unless you get special permission from the government).
  • You must show that denying the case would be an extreme hardship to your qualifying relative (family separation, economic hardship, medical issues, country conditions abroad)