A Basic Guide About “Stateside Waiver”

Published: February 1, 2022

Unlawful entry to the United States is a bar to citizenship and permanent residency. However, the law provides an exception. Individuals deemed “inadmissible” for entry may process their citizenship or green cards under specific conditions. One of the most important factors to settle is acquiring a stateside waiver.

Definition

The stateside waiver, also called the “provisional waiver,” may waive the three-year and ten-year bars (for unlawful presence) of the immigrating relatives of U.S. citizens and permanent residents, lottery winners, and immigrant visa applicants of specific categories before leaving the United States for their consular interviews.

Note that the waiver only applies to statutorily eligible individuals who accrued more than 180 days of unlawful presence in the United States. The waiver will overcome the legal bars set under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return.  

Purpose

The government passed stateside waivers to shorten the applicants’ time apart from their U.S. citizens and lawful permanent residents’ relatives. The Department of Homeland Security clarified that it does not intend to instigate removal proceedings against denied applicants unless they committed fraud or posed a public threat.

Effectivity

If a waiver is approved, it will only take effect after:

• applicants depart from the United States and appear for their immigrant visa interview; and

• A DOS consular officer determines that the applicants are admissible to the United States and eligible to receive immigrant visas.

We Can Help You

Acquiring a stateside waiver can be a tricky process. Aside from the long list of requirements and steps, the USCIS is becoming more meticulous. However, we take pride in our Los Angeles immigration lawyers’ prowess and dedication to help simplify these matters. ALG Lawyers will always be here to attend to your immigration-related concerns.