Provisional Waiver Is In Effect
Beginning March 4, 2013, immigrant visa applicants who are spouses, children and parents of U.S. citizens can apply for provisional unlawful presence waivers prior to leaving the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.
Immigrants that are in removal proceedings, are ineligible for a provisional unlawful presence waiver unless, at the time of filing if you’re a waiver, proceedings are administratively closed and have not been put back on the Immigration Court calendar to continue removal proceedings.