Provisional waivers offer a pathway for certain immigrant visa applicants to address the issue of unlawful presence before departing the U.S. for their consular interview. Here’s a brief overview:
- Eligibility Expansion: Initially for immediate relatives of U.S. citizens, the process now includes all individuals eligible for an immigrant visa and a waiver for unlawful presence.
- Waiver Before Departure: Applicants can seek a provisional waiver for unlawful presence while still in the U.S., reducing the time spent away during consular processing.
- Avoiding Unlawful Presence Bars: Those who have accumulated more than 180 days of unlawful presence need this waiver to counteract the bars under section 212(a)(9)(B) of the Immigration and Nationality Act.
- Application After Inadmissibility Finding: Typically, the waiver can only be applied for after the consular officer has deemed the individual inadmissible during the visa interview.
- Who Can Apply: Immediate relatives, family-sponsored, employment-based immigrants, and Diversity Visa selectees who only require a waiver for unlawful presence can apply.
Legal Services for South Florida & Beyond for Over 15 Years
Having experienced immigration lawyers to guide you can enhance your prospects of success and provide you with reassurance throughout the process. At Maribel A. Piza, P.A., we have dedicated years to assisting immigrants in South Florida, ready to offer the robust support you require during your immigration journey.
We are well-versed in the distinct challenges faced by immigrants and take pride in being reliable counselors as you and your family establish yourselves in the United States. To accommodate varying financial situations, we also provide payment plan options for our clients.