Provisional waivers of unlawful presence

Who

  • Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:
  • The sons and daughters of U.S. citizens; and
  • The spouse and sons or daughters of lawful permanent residents.

What

  • Allowing the spouses, sons or daughters of U.S. citizens and lawful permanent residents and sons and daughters of U.S. citizens and lawful permanent residents to get a waiver of unlawful presence in the United States.
  • Applicants must demonstrate that US citizen or lawful permanent resident will suffer extreme hardship if the waiver is not granted.
  • There may be instances when the qualifying relative is not the petitioner.

Extreme Hardship

  • Demonstrating hardship is not easy. You must demonstrate that the extreme hardship will be suffered if the US citizen or lawful permanent relative cannot relocate or must remain in the United States without the immigrant relative.
  • Health
  • Financial
  • Educational
  • Personal
  • Religious
  • Gender
  • Safety in immigrant relative’s country of origin

Notes: Currently, spouses and minor children of U.S. citizens and lawful permanent residents are allowed to apply to obtain a provisional waiver if a visa is available. For more information about the waivers program, go to the Provisional Unlawful Presence Waivers page which will be updated over the next several months.

Also, the interview for an immigrant visa must still occur in the country of origin of the immigrant spouse. The provision waiver does not allow the immigrant to avoid leaving the United States, but only allows the immigrant to avoid a lengthy wait outside the United States while USCIS makes a decision on the waiver application.