Provisional Waivers

Provisional Unlawful Presence Waivers

Green Card Process for Those Entering the U.S. Illegally

The Provisional Waiver process allows individuals who entered the U.S. illegally to complete their visa interview at a U.S. embassy or consulate. This new process reduces the time U.S. citizens are separated from family members while completing the process overseas, helping families reunite more quickly compared to the lengthy separations of the past.

Eligibility and Process:

Under current law, immediate relatives of U.S. citizens who cannot adjust status in the U.S. must travel abroad for an immigrant visa. Those with over 180 days of unlawful presence need a waiver of inadmissibility to return to the U.S. The existing waiver process requires applying for a provisional waiver after an immigrant visa interview abroad, once a consular officer deems them inadmissible.
Immediate relatives eligible for the new provisional waiver can still use the existing process by filing Form I-601 after a consular officer’s determination.

Key Points About the Provisional Waiver:

  • The provisional waiver process does not alter the immigrant visa process. Approval requires departing the U.S. for an interview with a consular officer abroad.
  • The waiver takes effect only after:
    • Departing the U.S. and attending the visa interview.
    • A consular officer confirms admissibility and eligibility for an immigrant visa.
  • Do not leave the U.S. until the National Visa Center schedules your interview.
  • Missing the interview may result in visa application cancellation.
  • Those in removal proceedings are ineligible unless proceedings are administratively closed and not reopened.

Eligibility for a Provisional Waiver:

  • Must be 17 or older.
  • Be an immediate relative of a U.S. citizen.
  • Have an approved Form I-130 or Form I-360.
  • Have a pending immigrant visa case with DOS and paid the processing fee.
  • Demonstrate extreme hardship to a U.S. citizen spouse or parent if denied.
  • Be physically present in the U.S. to file and provide biometrics.
  • Not have been scheduled for an interview before January 3, 2013.

Ineligibility:

  • Subject to other inadmissibility grounds.
  • Missed previous interview.
  • In removal proceedings not administratively closed.
  • Proceedings reopened on the EOIR calendar.

Application Process:

  • Complete Form I-601A carefully.
  • Pay the $585 fee and $85 biometric fee if under 79. Fees cannot be waived.

Limitations of a Provisional Waiver:

  • Does not grant benefits or protect from removal.
  • Does not allow interim benefits like work authorization.
  • Does not guarantee an immigrant visa or U.S. entry.
  • Does not provide legal status or change the requirement to depart the U.S.

Court Hearings:

  • If approved, terminate or dismiss removal proceedings before leaving the U.S. to avoid delays or ineligibility.
  • Contact ICE for dismissal arrangements after approval.

If Denied:

  • No appeal or motion to reopen is allowed. You may file a new Form I-601A with the required fees if denied or withdrawn before a decision.
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