Our office specializes in the preparation and filing of Provisional Waiver Applications for those who are present in the United States without lawful status and are eligible to pursue an immigrant visa (green card) at a U.S. Consulate abroad through marriage to a U.S. citizen. The provisional waiver process was implemented in 2013, and it allows the application to be filed in the United States before an applicant is required to depart for a scheduled immigrant visa interview at a U.S. consulate abroad.
Before the Provisional Waiver process began, an individual who entered the United States without inspection and was not otherwise eligible to adjust their status in the United States, was required to depart the U.S. to apply for an immigrant visa. At the time of the departure, the applicant would automatically be subject to a ten-year bar from reentering the U.S. resulting from the accumulation of a year or more of unlawful presence. The applicant would then be required to submit the waiver application at the time of the interview and wait several months for a decision as to whether the waiver and immigrant visa would be approved. The provisional waiver process eliminated the fear and anxiety associated with having to submit the waiver application after departing the United States.
For the reasons above, it is extremely important that a Provisional Waiver Application be prepared by an experienced law firm that knows exactly what is needed to obtain an approval. We know that the lives and well-being of families depend on a positive outcome.