Provisional Waiver eligibility: The typical case will be USC spouse for spouse. Eligibility Requirements To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions: Be 17 years of age or older. Be an immediate relative of a U.S. citizen (not a preference category immigrant who has a visa available). An immediate relative is an individual who is the spouse, child (unmarried and under 21), or parent of a U.S. citizen. Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Have a pending immigrant visa case with DOS for the approved immediate relative petition and have paid the DOS immigrant visa processing fee (IV Fee). Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent. Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics. Not have been scheduled for an immigrant visa interview by DOS before January 3, 2013. Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions. You must also be ONLY inadmissable for being in the US without permission. If you are inadmissable for a crime, or have an immigration history, this may not be for you.
Posted on: Fri, 30 May 2014 14:01:23 +0000
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