On July 29, 2016, USCIS announced a final rule expanding the provisional waiver for unlawful presence to include certain relatives of lawful permanent residents.

The provisional waiver was implemented in 2013.  It allowed certain relatives of US citizens to file a waiver of unlawful presence if they could show that their US citizen spouse or parent would suffer extreme hardship if the waiver was not granted.

Prior to 2013, an applicant for a waiver would be out of the country while the waiver petition was adjudicated for several months.  The provisional waiver allows the person to file the waiver application while remaining in the United States with his or her family members.  The 2013 rule only applied to family members of certain US citizens.

Beginning August 29, 2016, the provisional waiver petition process will be available to certain family members of lawful permanent residents.  The thought behind the rule is to limit the time families are separated while these petitions are being adjudicated.

If you or your family member believe you may be eligible for a provisional waiver of unlawful presence, contact us today to speak with our immigration attorney.  We can be reached at 912.401.8880 or by filling out our contact form.