If you are applying for a U.S. green card, you may be afraid to leave the country for your consular visa interview based on the fear that you may not be able to enter the U.S. again due to your past unlawful presence. As of March 4, 2013, the United States Citizenship and Immigration Services (USCIS) implemented a new program that may allow you to apply for a “provisional waiver” of your unlawful presence ground of inadmissibility.
In other words, by applying for a provisional waiver, you can get a good idea of whether you will be allowed back if you leave the U.S. for your visa interview. If the USCIS provides you with a “yes” answer to your application, you can be fairly confident that the consular office will allow you to return to the U.S. as a permanent resident.
Eligibility Requirements for a Provisional Waiver
In order for you to successfully apply and receive a provisional unlawful presence waiver, you must meet the following requirements:
You must be an immediate relative (spouse, parent, or unmarried child under age 21) of a U.S. citizen;
You must be at least 17 years old;
You must be physically present in the U.S. when applying for the provisional waiver;
You must otherwise be admissible to the U.S. (that is, you will not be denied admissibility based on any criminal or fraudulent activity);
You must still be waiting for a consular interview date (that is, must not have already been assigned an interview date);
You must be able to prove that if you are not granted the provisional waiver, your U.S. citizen relatives will suffer an extreme hardship as a result.
Contact Us Today!
For more information about provisional waivers or your eligibility for successfully applying for a provisional waiver of unlawful presence, call Legalize Me at 800-554-8778 to schedule a complimentary consultation with immigration attorney Michael S. Carrillo.