09 Apr What is waived by Provisional Waiver?
By Atty. Crispin Caday Lozano
The Provisional Waiver is the process where an applicant who is applying for a green card is granted a forgiveness or waiver of his or her 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.
- For the week ending March 2, 2018, we received three Adjustment of Status, one Application to Remove Condition on Residence and one Renewal of Green Card approvals.
- For the week ending February 9, 2018, we received approvals of one I-485, one N-400, one I-90 and one I-751.
- On January 12, 2018, we received an approval of immigrant visa at the U.S. Consulate Manila for an alien who applied for I-601-A as one who entered as a seaman.
- On January 10, 2018, we received an approval form USCIS of a self petition for abused spouse based on same sex marriage.
- On January 3, 2018, we received an approval from the Immigration Court for a waiver of misrepresentation for a client who was charged with misrepresentation in marriage;
- On December 15, 2017, we received an approval from USCIS for an adjustment of status for same sex marriage for an applicant who entered without inspection but has Sec. 245 (i).
- On November 16, 2017, we received an approval from Immigration Court for a waiver of misrepresentation for entering as single daughter of U.S. citizen but actually married.
- On October 25, 2017, we received an approval of I-485 adjustment of status for our client who has a DUI but has proof that he has cleared his record.
- On October 20, 2017, we received an approval of naturalization for a client who was granted a waiver of misrepresentation in Immigration Court.
- On October 16, 2017, we received from USCIS an approval for an adjustment of status for same sex marriage, after two scheduled interviews.
- On October 9, 2017, we received an approval from USCIS for adjustment of status for a client who entered as a seaman but has Sec. 245 (i) eligibility.
- On October 2, 2017, we received an approval of adjustment of status from USCIS for a client who entered without inspection but has Sec. 245(i).
- For the week ending September 15, 2017, we received three Immigrant Visa Approvals in U.S. Embassy Manila for three applicants who entered as seaman under the Provisional Waiver Program.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers Association. He specializes in immigration law and personal injury. For free consultation email or call (firstname.lastname@example.org / 1-877-456-9266)