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When will the provisional waiver process go into effect for qualifying applicants?

Chicago, IL |

I'm a 25 year-old Mexican woman. I entered the U.S. without inspection when I was 3 years old. I've lived in Chicago since; have not left the country; no criminal record. Family members have never petitioned for me. I obtained my Associates Degree in Liberal Arts in May2009. I got married in May2011.
I have been living with my spouse, who is a natural born U.S. Citizen, for over a year & a half.
We spoke to a lawyer, and she said that the process involved me leaving the country, where my family support system is, for an indefinite amount of time. However, she mentioned that there might be a change in the waiver process, where I may be able to apply within the U.S. It would be great if I could remain in the country while the process is resolved. When will the waiver change start?

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Attorney answers 6


It seems like State Side approval of waivers will start in March of this year but not quite sure yet. Also, though the waivers will be provisionally approved in the US, you will still have to travel to Mexico to obtain re-entry. Their may be other options available to you. Please consult an immigration attorney before proceeding.


Khaja M. Din, Esq.

Free Consultation For Your Immigration & Deportation Issues

Khaja Din is an immigration attorney specializing in deportation defense and the immigration consequences of criminal conduct. He has offices in Chicago, IL and Madison, WI.
Din | Memmen, Inc.

Chicago Office
4518 North Kedzie Avenue
Chicago, IL 60625


I agree with attorney Din. Today Secretary Napolitano made an announcement regarding the waivers, which would begin being accepted on March 4, 2013. I've attached a government link to the announcement. In short, what is changing is not the "leaving the country" part, it's the "for an indefinite amount of time" part. I also agree that you may want to meet with an attorney to review your case. This would allow you to assess whether you may qualify for the waiver and whether you should also consider other options, such as Deferred Action for Childhood Arrivals ("DACA"). Good luck! - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.



I understand that the provisional unlawful presence waiver process will significantly reduce the time that U.S. citizens are separated from their immediate relatives. Do you know for how long one would have to leave the U.S under this new process?

Daniel Warren Thomann

Daniel Warren Thomann


Information about the process is being still being released, but the idea behind the stateside waiver is for people to be able to overcome the "unlawful presence bar" at the time of their consular interview. If an immigration attorney has reviewed a case and determined that this waiver would resolve all issues preventing the issuance of a visa for someone, and the waiver is approved, then that person should only have to leave for as long as it takes to complete the consular visa process (the requirements of which may vary by consulate).


Change should take place in March, however, you will still have to leave the U.S. (but only for a few months) if the waiver is a approved before you can adjust your status.

This is general information and not legal advise. This communication does not create a lawyer-client relationship.


I agree with my colleagues, but what is unclear is whether you may be subject to waiver revocation. Some who have other reasons to be disqualified may find it very disappointing to seek a provisional waiver. What is meant is that if there were issues with using false documents for I-9 purposes, among other disqualifications, then the provisional waiver may be revoked when in Mexico.

As a result, it is best to first review whether you are otherwise disqualified for the provisional waiver program. Then review whether you qualify for an employment authorization card through the DACA or deferred action program. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.


March. Make sure you work with a qualified immigration attorney if you are serious about getting approved. My firm is experienced with hardship waivers.
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


The provisional waiver rule has been published. USCIS will start accepting waiver application on march 4, 2013. Of course this all starts with a full analysis to make sure you qualify and the filing of the I-130 petition.

Waivers are complex and you should consider retaining the assistance of an attorney experienced in this subject. My firm handles waivers almost exclusively and we represent clients nationally. Please visit my website for more information:

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at Contact us at 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.