I-130 WITH PROVISIONAL WAIVER
Since March 4, 2013, the U.S. Citizenship and Immigration Services (USCIS) have allowed certain foreign citizens who have entered the country without a visa status or inspection by an immigrant official to apply for a provisional unlawful presence waiver, also known as a stateside waiver. Previously, foreign nationals hoping to obtain permanent residency through a U.S. citizen relative would have to leave the U.S. and apply for re-entry at the U.S. embassy in his or her home country. This process was fraught with uncertainty and would separate families for months or even years.
If you or a loved one is considering filing for a provisional waiver, it is in your best interests to consult with an experienced immigration attorney to discuss your circumstances. Immigrating to the U.S. does not have to be as complex and troublesome as it may seem. Call the Law Offices of Azhang & Associates, Inc. to speak with a knowledgeable and compassionate lawyer in a comprehensive consultation. Our number is (949) 296-7660.
Who is Eligible for a Provisional Waiver?
In order to qualify for the waiver, an individual must meet all of the following requirements:
● Must be physically present in the U.S.
● Must be at least 17-years-old
● The immediate relative of a U.S. citizen, such as a spouse, child over the age of 20, or parent
● Your immediate relative's I-130 petition was approved
● Have a pending immigrant visa case with the Department of State and paid the immigrant visa application fee
● Can demonstrate that your U.S. citizen spouse or parent will suffer some extreme hardship, such as medical, emotional or financial issues, if your waiver is not granted
Unfortunately, you will not be eligible for a waiver if you already have pending removal proceedings or have past issues with criminal activity, drugs, deportation, fraud, or other
immigration law violations. An experienced attorney from our office, however, may be able to administratively close your deportation case or seek post-conviction relief for your past criminal conviction.
What are the Three and Ten Year Time Bars?
Without the provisional waiver, foreign citizens that have remained in the U.S. without legal status were at risk of being barred from reentering the country. For example, in order to apply for an immigrant visa or green card, a foreign citizen would have to return to his or her home country and file an application at the overseas embassy. However, depending on how many days the foreign citizen spent in the U.S. unlawfully, he or she would be automatically barred from returning to the U.S. for a number of years.
Three years
If the foreign citizen spent more than 180 continuous days in the U.S. illegally Ten years
If the foreign citizen spent more than one year in the U.S. illegally by filing for a provisional waiver,, a foreign citizen would find out before leaving the U.S. whether he or she would be allowed to reenter the country without being barred for several years.
When Should You File for a Provisional Waiver?
First and foremost, if you are seeking U.S. residency through an immediate relative who is a U.S. citizen, he or she must file a Form I-130 on your behalf if you do not already have an approved I-130, sponsoring you for immigration. Once the Form I-130 has been approved, you will be able to file your provisional waiver application. It is also recommended that your U.S. citizen sponsor indicate on the Form I-130 that you intend to apply for your visa from the U.S. embassy in your home country. This way, the USCIS will automatically transfer your file to the National Visa Center and the U.S. embassy in your home country after the Form I-130 has been approved.
What if the Provisional Waiver Request is Denied?
In the event that your provisional waiver is denied, there are a few options for resubmitting an application, but it is strongly advised that you consult with an attorney if you have not already.
You will be able to file an updated I-601A form and waiver application as long as you can provide additional information that disproves the USCIS's reason for denying your original application. While you are not at risk of deportation unless you have committed a crime, such as fraud, or pose a threat to national security, it is crucial to have an experienced lawyer on your side.
Contact the Law Offices of Azhang & Associates, Inc.
Immigration law can be complicated and a single mistake can significantly delay your progress or jeopardize your chances of gaining U.S. residency altogether. To help the immigration process run smoothly, contact Ellie Azhang by calling (949) 296-7660. The experienced team at
the Law Offices of Azhang & Associates, Inc. has helped countless individuals prevent deportation, ensuring that families stay united.