If you entered the United States without being admitted or paroled and you have a United States Citizen or Legal Permanent Resident Spouse or Parent you may be eligible for the Provisional Unlawful Presence Waiver. This may allow them to obtain Legal Permanent Resident Status when they previously may not have been able to or the process was much more difficult. There may be other instances when one needs a waiver and may be able to obtain one. Just some examples include if the person has committed fraud or misrepresentation before immigration or due to a criminal conviction. Filing for a Waiver is often complex and it is important to obtain the right legal representation to help you through the process.
If you believe you may be eligible for the Provisional Unlawful Presence Waiver or need another Waiver contact immigration attorneys at Dominguez Law Firm, PLLC to schedule a consultation today and see how we can help you.
The Provisional Unlawful Presence Waiver specifically allows someone to await the decision on the waiver in the United States rather than in their home country. While the applicant will have to travel to their country once the waiver is approved and appear for an interview at the consulate, the person would not travel until their waiver is approved. This means a much shorter time in their country and that the applicant would appear at the consular process with much of the process complete. However, it is important to bear in mind that other waivers may require you to spend much more time out of the United States depending on the specific situation.
The Provisional Unlawful Presence Waiver requires the applicant to prove extreme hardship to their United States Citizen or Legal Permanent Resident Spouse or Parent. This often entails submitting specific documents and a detailed statement explaining the extreme hardship that exists in the particular case. The hardship may be medical, emotional or psychological. Other types of waivers may require different types of evidence as well.
The answer to this varies on the type of waiver. However, the majority of waivers require one to have a qualifying relative (generally a spouse or parent) that is a United States Citizen or Legal Permanent Resident or at the very least equities in the United States.