Provisional Unlawful Presence Waivers (Extreme Hardship Waiver)

If you are applying for lawful permanent residence (a green card) through a family member, but you entered the United States without a visa, travel document, or other form of authorization, and have resided in the United States without authorization for a period of more than 180 days, you may be required to seek legal forgiveness for your immigration violations by applying for a provisional unlawful presence waiver before you leave the United States for your consular interview. A provisional unlawful presence waiver is sometimes referred to as an “extreme hardship waiver,” a “pardon,” or a “I-601A, Application for Provisional Unlawful Presence Waiver.” 

Information for Noncitizen Individuals

Noncitizen individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. An individual may seek legal forgiveness for his or her unlawful presence in the United States by applying for a provisional unlawful presence waiver. 

In the process of applying for a provisional unlawful presence waiver, you will be required to submit the proper forms, correct fees, and all supporting evidence to the U.S. Citizenship and Immigration Services (USCIS) to prove that your exclusion from the United States for 10 years will result in extreme hardship to your U.S. Citizen or Lawful Permanent Resident spouse or parent.  

For an individual without legal training

For an individual without legal training or experience with the U.S. immigration legal system and without knowledge of the factors USCIS will consider in reviewing his or her case, the process for applying for a provisional unlawful presence waiver can be overwhelming. Still worse, missteps in the application process can result in the rejection of an application for a provisional unlawful presence waiver, significant delays in the processing of an application, or the denial of an application. 

Also, failure to notify the National Visa Center (NVC) of your intentions to apply for a provisional unlawful presence waiver and failure to apply for a provisional unlawful presence waiver before leaving the United States for your consular interview at a U.S. Embassy or Consulate may result in your inability to return to the United States for an extended period of time, or in some cases, result in permanent separation from your family. Mistakes can also result in a loss of family income, increased personal expenses, and legal expenses as you determine your options for lawfully returning to the United States, if possible.

With the widely reported and ever-increasing backlogs and processing times at U.S. Citizenship and Immigration Services and other agencies comprising the U.S. immigration legal system, the time is now to take affirmative steps to determine your eligibility for a provisional waiver of unlawful presence. 

Contact an Experienced Immigration Attorney

Cristina Chávez, Attorney at Law, LLC has successfully represented U.S. Citizen or Lawful Permanent Resident clients and their noncitizen family members in navigating the family-based immigrant visa process at every step of the way. We have represented clients before the U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC), and the U.S. Embassies and Consulates abroad to reunite U.S. citizens or Lawful Permanent clients with their noncitizen family members in the United States.

Contact Cristina Chávez, Attorney at Law, LLC at (505) 506-0236 to schedule a consultation with our immigration attorney to discuss your eligibility to file for a provisional waiver of unlawful presence.