Published: February 7, 2022
The stateside or “provisional” waiver grants immigrating relatives of U.S. citizens and permanent residents, lottery winners, and immigrant visa applicants under specific categories the ability to apply for a waiver of the three- and ten-year bars for unlawful presence before leaving the United States to attend their consular interview.
Being able to file a waiver at an earlier opportunity saves applicants the trouble of waiting for a prolonged period to know the result of their immigration. It creates an opportunity for applicants to spend more time with their family and loved ones in the United States while their application is pending.
A stateside waiver is an inclusive privilege. Only applicants who meet specific conditions can acquire it.
Eligibility Requirements
To be eligible for a stateside waiver, one must be:
- physically present in the United States
- seventeen (17) years of age or older
- processing an immigrant visa and its case pending with the Department of State (DOS)
- able to establish that refusal of admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident (LPR) spouse or parent
- believe that one is or will be inadmissible only because of a period of unlawful presence in the United States
- able to comply with requirements set under 8 CFR 212.7(e) and Form I-601A
Effect on Immigration Status
Note that applying and receiving approval for a waiver does not have any legal implications on one’s immigrant status. If the waiver is approved, applicants should proceed with the consular processing. They must return to their country of origin and submit the approved waiver together with other documents required for Green Card processing.
We Got Your Back
The uncertainty of Green Card application can be overwhelming, especially for people without a proper legal background. But despite the immense pressure, do not lose hope. When it comes to immigration, ALG Lawyers has the perfect team for you. Rely on the expertise, experience, and dedication of our Los Angeles immigration lawyers.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)