Provisional Unlawful Presence Waiver Program to Be Expanded

Foreign nationals who currently have an immigrant visa petition might find their ability to return to the U.S. once their status becomes unlawful. This is why The United States Citizenship and Immigration Services (USCIS) has implemented a provisional waiver program to extend the time limits and protect one's status in the U.S. This will also allow additional time for consular processing of their visas, and they may apply through either the U.S. Embassy or Consulate.

These are the following restrictions:

  • Foreign nationals who have been living in the U.S. unlawfully for more than 180 days (but less than one year) will not be able to return to the U.S. for 3 years
  • Foreign nationals who have been living in the U.S. unlawfully for more than one year will not be able to come back to the U.S. for 10 years

The Immigration and Nationality Act contains the laws regarding this new provisional waiver program, which waives the above laws under certain conditions. These proposed rule will allow foreign nationals to apply for an immigrant visa and waive their inadmissibility to the U.S. if the premise for doing so was based on their unlawful presence in the U.S. Provisional waivers can also expedite the immigration visa process. This is because it is intended to encourage those currently living unlawfully in the U.S. to complete the application for visa immigration quickly.

To begin the process, the individual must present the fact that preventing the individual from entering the U.S. would cause extreme or undue hardship to the family or spouse. In turn, this will allow that individual to be reunited with family members who are lawful permanent residents or U.S. citizens.

Contact Simon Law Group, PLLC

Are you applying for the provision waiver for unlawful presence? Do you have an immigration matter to discuss? Contact Houston immigration lawyer, Sebastian Simon, today. He can offer knowledgeable and intelligent legal counsel to help you achieve your goals.

Call Simon Law Group, PLLC today to schedule a consultation: (713) 839-0639.