Understanding The Expanded Provisional Waiver
The provisional waiver was developed to shorten the time that qualified family members are separated from their relatives while those relatives are obtaining immigrant visas to become lawful permanent residents of the United States. As of March 4, 2013, immigrant visa applicants who are spouses, children of U.S. citizens could apply for provisional unlawful presence waivers before they leave the United States for their consular interview. On August 29, 2016, the provisional unlawful presence waiver process was expanded to (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees) eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States. Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act. The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa and who only need a waiver of inadmissibility for Unlawful Presence to apply for that waiver in the United States before they depart for their immigrant visa interview. The applicant needs to show that a qualified relative would experience extreme hardship if the applicant is refused admission into the U.S.