What is “Provisional Unlawful Presence Waiver” and How to Get it

waiver provisional


We have a solution for you-> Provisional Presence Waiver (PPW).

The PPW process allows a person to apply for a waiver in the United States,  who are in the country unlawfully present,  before departing for their immigrant visa interviews at United States Embassy or Consulate abroad. Immigrant visa applicants who are spouses, children and parents of U.S. citizens can apply for the provisional unlawful presence waiver before leaving the United States. This new process may shorten the time for a U.S citizens who are separated from their immediate relatives while those family members are obtaining immigrant visas abroad.

Under the current law, immediate relatives of the U.S citizens must travel abroad and obtain an immigrant visa, who are not eligible to adjust status in the United States. Who is not able to adjust status in the United States? Persons who entered the United States illegally or persons who are out-of-status when applying for adjustment of status.  Individuals having accrued more than 180 days of unlawful presence while staying in the United States must receive a waiver of inadmissibility for overcoming the unlawful presence bars.

What does it mean unlawful presence bar (UPB)?

UPB is basically bar to enter to the United States for certain period of time. It can range anywhere between 3 to 10 years. Something like a punishment for breaking the immigration law. Immediate relatives cannot apply for a waiver until appearing in an interview for an immigrant visa interview aboard. A consular officer from Department Of State (DOS) determines if the individuals are inadmissible to the United States.

Now, how does it work with PPW?

The new PPW process does not change the immigrant visa process. If the provisional unlawful presence is approved, it is still required to depart the United States for appearing an immigration visa interview with a U.S consulate officer abroad. The Department Of State (DOS) possess all the authorities for the cancelation of immigrant visa application process if anyone fails to attend the interview. There is no other alternative other than an interview. A DOS consular officer determines if an individual is admissible to the United States Of America and eligible for receiving an immigrant visa. The National Visa Centre (NVC) notifies for a scheduled immigrant visa interview date and time at the designated U.S Embassy or Consulate. It is strongly recommended not to leave before this notification.

Who is eligible?

To be eligible for a provisional unlawful presence waiver,  an individual must be 17 years of age or older than that. The individual should be an immediate relative of a U.S citizen. Who is an immediate relative? An immediate relative is an individual who is the spouse, child and parent of a U.S citizen. The individual should be physically present in the United States Of America for filing the application for a provisional unlawful presence waiver and provide biometrics. He/ She must be able to demonstrate that the refusal of his/her admission to the United States Of America will be causing extreme hardship to the immediate relative residing in the United States. If the consular officer of the Department Of State (DOS) determines at the immigrant visa interview board about the ineligibilities of the individual beyond unlawful presence, the USCIS approved provisional unlawful presence waiver is automatically revoked.

What does it mean beyond unlawful presence? criminal grounds of inadmissibility, medical grounds, fraud or other similar grounds.

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