Provisional Unlawful Presence Waivers (Extreme Hardship Waiver)

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Provisional Unlawful Presence Waivers (Extreme Hardship Waiver)

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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. 

 

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    Our Services

    Our services in Immigration Law include:
    • Family-Based Immigrant Visas
    • Fiancé Visas (K1)
    • Waivers of Inadmissibility ("Pardons")
    • VAWA (Abused Spouse, Child, Parent)
    • Adjustment of Status
    • Removal of Conditions on Permanent Residence
    • Naturalization
    • Certificate of Citizenship
    • U Visa (Victims of Certain Crimes)
    • Deferred Action for Childhood Arrivals (DACA)
    • Immigration Bond Requests
    • Name Change
    • Passport Applications
    • FBI Background Checks
    • Retrieval of Immigration Records
    • Removal (Deportation) Defense, including Asylum and Cancellation of Removal.
    • Retrieval of Criminal Records
    • And More...

    Service Area

    We provide legal representation in immigration matters across the entire United States. We represent clients in Texas, California, Arizona, and Florida. Locally, we serve all of New Mexico and West Texas, including Albuquerque, Amarillo, Artesia, Bernalillo, Bernalillo County, Cibola County, Chaves County, Clovis, Curry County, Deming, Doña Ana County, El Paso, Española, Farmington, Gallup, Grants, Grant County, Hobbs, Las Cruces, Las Vegas, Lea County, Los Alamos, Los Lunas, Lovington, Lubbock, Luna County, Midland-Odessa, Otero County, Raton, Roosevelt County, Roswell, Ruidoso, Sandoval County, San Juan County, San Miguel County, Santa Fé, Santa Fé County, Santa Rosa, Silver City, Socorro, Torrance County, Truth or Consequences, Tucumcari, and Valencia County.

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    Cristina Chavéz Law Reviews

    Based on 25 reviews.
    Iris M Stotts
    Iris M Stotts
    2021-03-23
    Verified
    I was nervous about this whole process. We were going to look at different lawyers and after meeting her everything felt right. This is definitely one investment that I do not regret doing, it was well worth it. In the initial meeting we got all the information we needed she was upfront about cost and processing times, no hidden fees, and offered a payment plan as well. Throughout the process we were in constant communication, and would answer my questions in a timely manner. As the interview date got closer we had a zoom call to prepare and that helped tremendously, she was thorough and we took our time. The day of the interview, she took care of everything from the moment we walked in, knowing she was representing us made this experience so much better. Nothing compares to walking into the interview stress free and with confidence.
    Trenton Stotts
    Trenton Stotts
    2021-03-03
    Verified
    She is the best lawyer around. She will definitely have your back. Works tirelessly for the best outcome for you, and your family. Speedy responses when you have a question. Me and my wife really do appreciate her!
    Lerisbel Perez
    Lerisbel Perez
    2020-08-11
    Verified
    La mejor abogada para asuntos familiares, muy profesional y puntual con sus clientes, se las recomiendo a todos, gracias por su servicio
    Nnaemeka Onuoha
    Nnaemeka Onuoha
    2020-05-18
    Verified
    Cristina is an awesome lawyer very knowledgeable about immigration law, she helped me with my case when other law firm termed my case a complicated but she made it look so simple and never charged me for a consultation fee.
    Jennie Blea
    Jennie Blea
    2020-03-25
    Verified
    Ms Chavez is very proficient and knowledgeable.in her work . I recommend her to anyone that needs a family law attorney ,
    Salvador Serrano
    Salvador Serrano
    2020-03-04
    Verified
    La major abogada que e conosido muy gentil y con mucho carisma muchas gracias

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