How long will the process take?

The provisional waiver of inadmissibility process is complex, multi-step process that can take up to a year or more to complete.

What does extreme hardship mean?

In the case of the provisional waiver, extreme hardship must be far outside the normal hardship that family members suffer when they are separated. USCIS states that “extreme hardship is not a definable term and elements to establish extreme hardship are dependent upon the facts and circumstances of each case.” This should tell you just how subjective provisional waiver approvals are – it is up to the USCIS officer assessing your case to determine what “extreme hardship” really means.

In order to prove extreme hardship in your application, see the question “How do I prove extreme hardship?”

Who can a U.S. citizen petition for a provisional waiver?

To benefit from the provisional waiver, you must be a spouse, adult child, or parent of a U.S. citizen who would suffer extreme hardship without your presence. The U.S. citizen is only allowed to petition immediate family members who are deemed inadmissible only based on their unlawful presence in the United States. If the immediate family member is inadmissible for other reasons (criminal, national security, medical, etc.) they are not eligible for the provisional waiver.

Why does the applicant have to leave the United States?

The provisional waiver is intended to shorten the amount of time the inadmissible foreign relative is separated from his or her family in the U.S., not eliminate their separation completely. The U.S. government requires the foreign national spouse or parent to complete an immigrant visa interview in their country of origin/relocation to finalize the provisional waiver process. With the waiver approval already in place, the foreign national family member should not have to spend very much time in their country of origin/relocation.

What if the waiver is not approved?

Provisional waiver denials are common especially because USCIS decides provisional waiver cases on a highly subjective basis. This is why using a trusted immigration attorney is extremely important. Upon denial, unless USCIS believes the foreign national relative has committed a crime or posed a serious threat to national security, the inadmissible family member is no more likely to be placed into removal proceedings than if he or she had never applied.

If your provisional waiver request is denied by USCIS or you choose to withdraw your petition before USCIS makes their decision, you may file a new I-601A (provisional waiver) form. Your fees will not be refunded in either case and there is no option to appeal your case.

If the applicant leaves the U.S., is there a chance he/she will not be able to return to the U.S.?

The foreign national family member should not have a problem reentering the U.S. if USCIS has approved their provisional waiver application.

How do I prove extreme hardship?

Demonstrating extreme hardship in a provisional waiver application is always difficult, so it’s important to use an experienced, reliable immigration attorney to prepare your case. You will need a great deal of excellent supporting evidence, including proof of some of the following:

• Strong family ties within and outside the United States
• Dangerous or difficult political, economic, and social conditions in the country of origin
• Extreme negative financial impact on family members due to separation
• Significant health conditions and evidence that the country of origin would not be able to provide adequate care
• The U.S. citizen’s quality of life, ability or inability to raise children, age, health, employability, and a host of other issues.

Are there other options other than applying for a provisional waiver?

An experienced immigration lawyer can and will often find alternatives to the provisional waiver for those who have been denied, are not eligible for the waiver, or simply want a better option. Deferred Action (DACA) is an option for some unauthorized immigrants, as well as Temporary Protected Status and other visa types the applicant may not be aware of. If you are interested in waiver alternatives, contact a trusted immigration lawyer. If you have more questions about provisional waiver alternatives, feel free to contact a VISANOW Immigration Specialist for a free case assessment.

What are the requirements to apply for a provisional waiver of inadmissibility?

To apply, you must be a U.S. citizen who can effectively demonstrate extreme hardship suffered through the potential loss of an immediate family member. The foreign national spouse, parent, or adult child must also fit many requirements, including but not limited to:

• Must be 18 or older
• Must be a spouse, parent, or adult child of the U.S. citizen petitioning you
• Must not be inadmissible under any circumstances besides unlawful status (i.e. no criminal, national security, health, or other threats to the United States)
• Must be present in the U.S. upon filing the I-601A form
• Must not have already received a final order of removal (but can be in deportation proceedings)

If you are interested in more specific requirements for the provisional waiver of inadmissibility, we strongly suggest you speak with an immigration lawyer or get a free consultation with a VISANOW immigration specialist.

What if I have previously been deported?

Previous deportations and other immigration-related offenses should not preclude you from eligibility, but you need to consult an immigration attorney to discover your best options moving forward. There have been instances of provisional waiver applicants being denied for immigration-related criminal offenses.

What if I have previous charges or convictions?

A previous criminal record will make the case for the foreign national spouse, parent, or child extremely difficult to get approved. If this is your situation, you must speak with an immigration attorney to assess your case.

How long will the applicant have to remain outside of the United States?

This will depend greatly on the country of origin or relocation of the foreign national spouse, parent, or adult child. USCIS reports that currently 80% of all immigrant visas for provisional waiver cases are processed through Ciudad Juarez, Mexico. If you must complete your immigrant visa interview at this location, it will generally take much longer to process due to the high caseload. Where some Ciudad Juarez cases have taken 12-15 months, most other international USCIS processing centers will take less than a week.