Provisional Unlawful Presence Waiver

Requirements:

WE ARE NOT ATTORNEYS. THE INFORMATION AND SPEECH ON THIS PAGE IS NOT LEGAL ADVICE, NOR IS IT INTENDED TO BE LEGAL ADVICE. CONSULT AN ATTORNEY FOR LEGAL ADVICE.

Per the USCIS website, the basic requirements for provisional unlawful presence waiver include, but are not limited to:

  • Be physically present in the United States to file your application and provide biometrics
  • Be 17 years of age or older
  • Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with Department of State (DOS) because you:
    • Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS
    • Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent
  • Believe you are or will be inadmissible only because of a period of unlawful presence in the United States
  • Meet all other requirements for the provisional unlawful presence waiver, as detailed in the Form I-601A and its instructions

You are not eligible for a provisional unlawful presence waiver if any of the following apply to you:

  • You do not meet all of the conditions listed under eligibility mentioned above
  • You are in removal proceedings that have not been closed.
  • At the time of filing, you are in removal proceedings that have been closed but have been placed back on the Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings
  • You have a final order of removal, exclusion, or deportation (including an in absentia order of removal). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and USCIS has already approved;
    • Form I-212; Application for Permission to Reapply for Admission into the United States After Deportation, or
    • Removal at the time you file the Form I-601A
  • You do not meet one or more of the requirements outlined in the Form I-601A and its instructions

For more information on provisional unlawful presence waiver eligibility click here https://www.uscis.gov/family/family-us-citizens/provisional-unlawful-presence-waivers

Disclaimer

This page contains general information that should not be considered legal advice for individual cases. The information on this site has the sole objective of offering general information. The information is not intended to guarantee and/or predict the result or outcome of any representation on behalf of United Nations Immigration Services. No testimony or case approval on this site constitutes the guarantee of a result for an individual’s personal case. Information on this website and associated web pages, documents, comments, responses, emails, or other forms of communication should not be taken as legal advice for any individual, case, or situation. For information about eligibility requirements visit U.S Citizenship and Immigration Services website www.uscis.gov.