Individuals are found inadmissible to the United States if they have had unlawful presence in the country for more than 180 days. This inadmissibility must be waived before an immigrant visa may be obtained.

Traditionally, individuals have needed to wait to apply for a waiver of inadmissibility until after they have appeared for their immigrant visa interview abroad and have been determined inadmissible by a Department of State consular officer.

However, the provisional unlawful presence waiver exists for individuals who only need a waiver of inadmissibility for unlawful presence before applying for an immigrant visa. This provision allows people to apply for the waiver before leaving the U.S. for their visa interview. This shortens the amount of time that families are separated while relatives of U.S. citizens and lawful permanent residents are seeking immigrant visas to become lawful permanent residents themselves.

You may be eligible for the provisional unlawful presence waiver if:

  • You are at least 17 years old
  • You are physically present in the United States to apply
  • You are in the process of obtaining your immigrant visa and have a pending case
  • You can prove that being denied admission to the U.S. will result in extreme hardship for your U.S. citizen or lawful permanent resident spouse or parents
  • You believe that you are inadmissible only because of unlawful presence in the U.S.

For help determining if you are eligible to apply for the provisional unlawful presence waiver, contact us at Youngblood & Associates. We will advise you on which path is appropriate for your situation, assist you in applying for your waiver, and represent you throughout the process of seeking legal status in the United States.

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Call our office today at 931-274-7811 to schedule your FREE first consultation or complete a service inquiry form to get your process started today.

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