Asked over 1 year ago - New York, NY

I entered US illegal thought Canada 10 years ago my husband is US citizen and we married for years and have 4 children US citizen . AM I eligible for provisional waiver if I entered US not legal

Attorney answers (4)

  1. Alena Shautsova


    Contributor Level 20


    Lawyer agrees


    Answered . You might be. The waiver implies you can demonstrate an extreme hardship to your US spouse. Consult with an attorney as it is fact specific...

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Al De La Calle

    Contributor Level 10


    Lawyers agree

    Answered . Possibly. You at least meet the immediate relative requirement (so long as your wife has Petitioned you and you've received IV current notice from uscis). Keep in mind that the only ground of inadmissibility the new waiver has the power of waiving is unlawful presence (can't have fraud, criminal activity, etc.). For these other grounds of inadmissibility, one must undergo the traditional waiver via consular processing. I suggest you consult with an immigration attorney as there is more analyzing that needs to be done.

  3. Laura Justine Jacobson

    Contributor Level 13


    Lawyers agree

    Answered . If your only inadmissibility issue is unlawful presence, then it sounds like you may be eligible for the provisional waiver. However, I would strongly recommend consulting with an immigration attorney before starting this process. There are many facts in your background that could affect the process for you, and waivers are very difficult work.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney... more
  4. Kevin Joseph Abruzzese

    Contributor Level 10

    Answered . Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad. The new provisional unlawful presence waiver process does not change the immigrant visa process. Even if your provisional unlawful presence waiver is approved, you are still required to depart the United States for your immigrant visa interview with a U.S. consular officer abroad.

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