Starting Mar. 4, 2013, there is a new process for qualified immigrants who need a waiver of unlawful presence in the U.S. Under the new process, immigrant visa applicants in the immediate relative category may apply for a "provisional waiver" before departing for the consular interview if they are (a) inadmissible solely based on unlawful presence, and (b) can show extreme hardship to a USC spouse or parent. We want to alert you to resources on the provisional unlawful presence waiver available through the Immigration Advocates Network (IAN), our partners and other advocates.

On Immigration Advocates Network:

In the Library:
- A public statement by the U.S. Citizenship and Immigration Services (USCIS) reminding applicants that they may begin filing Form I-601A, Application for Provisional Unlawful Presence Waiver at http://www.immigrationadvocates.org/link.cfm?21029.
- A practice alert by the American Immigration Lawyers Association at http://www.immigrationadvocates.org/link.cfm?21030.
- An informational flyer by USCIS on eligibility and how to request a provisional unlawful presence waiver at http://www.immigrationadvocates.org/link.cfm?20742.
- Guidelines from the Department of State on who can apply for a provisional unlawful presence waiver at http://www.immigrationadvocates.org/link.cfm?20743.

 

TRANSLATE