Provisional Waiver Process Begins

USCIS announced recently that certain immigrant visa applicants who are the immediate relatives of US citizens and who have been unlawfully present in the US for over 6 months can start applying for the provisional unlawful presence waivers through a new stateside process. Applicants should understand that if the provisional waiver is granted they will still be required to attend a separate visa interview abroad where the U S consulate may still deny the visa on grounds unrelated to unlawful presence. Applicants should also understand that if more than the unlawful presence ground of inadmissibility exist, the provisional waiver will not be granted . Applicants should consult competent immigration counsel to determine if applying for the unlawful presence is appropriate.