The Provisional Unlawful Presence Waiver is for foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States are statutorily barred from returning to the United States. This waiver allows immediate relatives of U.S. Citizens or Lawful Permanent Residents (LPRs) to overcome the unlawful presence bar, allowing them to return to the United States after their immigrant visa interview at a U.S. Consulate abroad.
To be eligible for a provisional unlawful presence waiver, you must fulfill ALL the following conditions:
Who is not Eligible?
You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:
The provisional waiver process is lengthy and complicated. If you believe you qualify for this type of relief, contact an immigration attorney. We can help determine your eligibility for this waiver and other forms of immigration relief. Contact us to see how we can help and follow the links below for more information.
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