Submitting a visa application can certainly be stressful, especially for those who aren't able to remain with their families during the process. Previously, many applicants with immigration violations had to exit the U.S. in order to complete the application process. These applicants were forced to leave their families, uncertain whether they would be permitted to re-enter the U.S.

However, the process is substantially improving for some immigrant visa applicants!

Effective March 2013, there is an exciting waiver option that may be available to you: the Provisional Waiver of Inadmissibility. Eligible applicants can file the Provisional Waiver of Inadmissibility in the U.S. and receive their permanent residence without needing to leave their loved ones and without worrying about whether they will be permitted to re-enter the U.S.

What is a Provisional Waiver of Inadmissibility?

This particular process waives the problem of being inadmissible to the US for your immigrant visa because you entered with U.S. without inspection. For those who entered without inspection, the Provisional Waiver of Inadmissibility may be an option for you.

How do I get a Provisional Waiver of Inadmissibility?

To be eligible for this waiver, a U.S. citizen parent or U.S. citizen spouse must sponsor you for a visa. You and your immigration attorney must work together to show that your U.S. citizen parent or U.S. citizen spouse will experience "extreme hardship if you are not permitted to live in the US. There is no definition of "extreme hardship. In the "extreme hardship evaluation, the officer who reviews your case will assess many aspects of your sponsor's situation to make this determination, including your sponsor's physical/emotional state and conditions, financial situation, ties to the community, and the conditions in your country of origin.

How do I know if I qualify for the Provisional Waiver of Inadmissibility?

The rules for this particular waiver are more specific than the non-provisional waiver, which is still available if you do not qualify for the Provisional Waiver. As stated above, the relative who sponsors you must be a U.S. citizen spouse or U.S. citizen parent. Additionally, any other basis for inadmissibility (such as a criminal background or previous deportations) may disqualify you from receiving this waiver. Your attorney will be able to help you determine whether the Provisional Waiver is the right option for you, based on your specific case.

Since this waiver is so case-specific, it's important to work with an immigration attorney that you trust who can help present all aspects of your situation for the reviewing officials. If you still have questions, or want to talk with a specialist about whether the Provisional Waiver of Inadmissibility is the right option for you, contact us today.