18 Jan What is Provisional Waiver?
By Atty. Crispin Caday Lozano
The Provisional Waiver process where an applicant is applying for a green card waives the unlawful presence only. Other inadmissibility offenses are not waived. An individual accrues unlawful presence when he or she is “present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.” Generally, unlawful presence happens when an alien came to the United States on a visitor visa and has overstayed their visa or authorized stay as allowed in the I-94 arrival departure card. It can also happen when an alien entered the United States without inspection like “jump ship” or crossing the border.
What are the Statutory Exceptions to Unlawful Presence?
The statute recognizes six categories of individuals who do not accrue unlawful presence:
- Those under 18 years of age;
- Applicants for asylum during the pendency of the application, provided the applicant did not work without employment authorization;
- Those who have been granted Family Unity during the authorized period;
- Battered spouses and children, provided there is a substantial connection between the abuse and the unlawful presence;
- Victims of a severe form of trafficking in persons if the trafficking was at least one central reason for the unlawful presence; and
- Nonimmigrant’s who have made a timely, non-frivolous application for an extension of stay or change of status, during the 120-day period after filing the application.
The most important exception is for children under 18 years of age. For purposes of the three and 10-year bars, unlawful presence begins accruing the day after the child turns 18.
Note: This is not a legal advice.
- News from USCIS
The USCIS announced that it will accept the Old Versions of most Forms until February 21, 2017. The fees however will be at new rates.
- On January 7, 2017, we received an approval of Provisional Waiver for a client who entered as crewman but has two autistic
- On December 28, 2016, we received an approval of adjustment of status for a client who entered without inspection but has Sec. 245(i).
- On December 21, 2016, we received an approval of I-601A waiver for a seaman to qualify to apply for green card
- On December 19, 2016, we received an approval of petition by a Dental office for green card.
- On December 15, 2016, we received an approval of adjustment of status for a client who entered without inspection with Sec. 245(i).
- On December 14, 2016, we received an approval of naturalization for a client who had a bigamy case seven years ago.
- On December 10, 2016, we received approval of adjustment of status for a client who been denied a green card before.
- On November 16, 2016, we received an approval of provisional waiver I-601A after proving extreme hardship to spouse.
- On October 21, 2016, we received an approval of N-400 naturalization for a client who has child support and tax debts issues by submitting documents proving good faith compliance.
- On October 20, 2016, we received an approval from USCIS for adjustment of status for a client who has hearing disability.
- On September 12, 2016, we received an approval from Immigration Court for a waiver of misrepresentation for a client who entered as single but actually married at date of entry.
- On September 1, 2016, we received an approval of naturalization from USCIS for two clients who has unpaid taxes but with IRS agreement.
- On August 11, 2016, we received an approval from USCIS of a green card based on employment without any interview.
- On July 29, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for entering as single but actually married.
- On July 21, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for using a different name.
- On July 11, 2016, we received an approval of I-360 self petition by abused spouse from USCIS.
- We have more success stories at our website at crispinlozanolaw.com