What is the process for obtaining a provisional waiver?

The process for obtaining a provisional waiver in Texas is an option for individuals who are in the United States and who fear certain adverse consequences if they leave the US to obtain an immigrant visa. Under the provisional waiver program, a foreign national can apply for a waiver of the “unlawful presence” ground of inadmissibility if they can establish that their US citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the foreign national were to be denied admission to the US. This waiver allows eligible individuals to remain in the US while the waiver application is pending. To apply for a provisional waiver, an individual must file Form I-601A, Application for Provisional Unlawful Presence Waiver, and submit evidence that their qualifying relative, usually a US citizen or lawful permanent resident spouse or parent, would suffer extreme hardship if the foreign national is denied admission to the US. Additionally, the individual must be able to demonstrate that he or she is statutorily eligible for an immigrant visa, is in the US, and is in process of obtaining an immigrant visa. Once the I-601A application is submitted and before leaving for the immigrant visa interview, the individual must receive a provisional waiver approval from USCIS. After appearing at the visa interview, the individual will learn if their waiver was approved and whether they received the immigrant visa. If the individual receives the immigrant visa, they can then return to the US as a lawful permanent resident.

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What is the process for obtaining a provisional waiver?

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