Green card for Fiancée who did not marry the petitioner

Green card for Fiancée who did not marry the petitioner

By Atty. Crispin C. Lozano

Many fiancée who came to the United States and did not marry the U.S. citizen petitioner could not adjust status unless they qualify under the Violence against Women Act.  However, there is a new provision in the law that allows these fiancée to waive the immigration violation of unlawful presence.   This new law requires that they apply for Provisional Waiver of unlawful presence in the United States

This provisional waiver will allow the following aliens who have relatives who are U.S. citizens or green card holders to seek waiver of unlawful presence and be able to go to their home country to apply for green card.  To qualify, they must prove extreme hardship to the U.S. citizen or green card holder spouse or parents if their application for permanent residence is denied.  The beneficiaries of this provisional waiver will include:

  1. Those who entered as Fiancée and did not marry the visa petitioner.
  2. Seamen who entered the U.S. on a C or D visa and overstayed their visa and are not beneficiaries of Sec. 245(i).
  3. Those who entered without inspection and are not beneficiaries of Sec. 245(i)
  4. Those aliens who have lost their passports and have no proof of legal entry to the U.S.

Eligibility Requirements

To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:

  1. Be 17 years of age or older.
  2. Be an immediate relative of a U.S. citizen or a Lawful Permanent Resident.
  3. Have an approved Form I-130 petition or Form I-140 Employment Based petition or Form I-360 petition.
  4. Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Lawful Permanent Resident spouse or parent.
  5. Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
  6. Not have been scheduled for an immigrant visa interview by DOS before January 3, 2013.
  7. Meet all other requirements for the provisional unlawful presence waiver, as detailed in the Form I-601A and its instructions.

You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:

  1. You are subject to one or more grounds of inadmissibility other than unlawful presence.
  2. DOS initially acted before January 3, 2013, to schedule your Immigrant Visa (IV) interview for the approved immediate relative petition upon which your provisional unlawful presence waiver application is based, even if your immigrant visa interview has been canceled, you failed to appear for the interview, or your interview was rescheduled on or after 3, 2013.

    Note: This is not a legal advice.  The Law Office of Crispin C. Lozano has successfully represented scores of clients to get green cards under the provisions of provisional waiver.




  1. On August 10, 2017, we received a grant from the Immigration Court on a Motion to Terminate Removal Proceedings for a client whose criminal case we have dismissed in criminal court.
  2. On July 18, 2017, we received an approval of green card at the U.S. Embassy Manila for the family of a client who was granted a waiver of misrepresentation. His wife and children were approved after the court granted the waiver.
  3. On July 7, 2017, we received an approval for Naturalization of an old woman who has difficulty in reading and writing English.
  4. On June 28, 2017, we received a withdrawal of inadmissibility and removability charges from the Customs and Border Enforcement for a client who was charged with drug case while he was entering San Francisco Airport from the Philippines. The case was withdrawn after we have expunged the drug case in Criminal Court.
  5. In June 2017, we received three approvals of naturalization applications.
  6. In June 2017, we received two approvals of adjustment of status based on marriage
  7. On May 25, 2017, we received an approval of Form I-140 for a caregiver from the Philippines.
  8. On April 28, 2017, we received an approval of N-400 for a client who was under Removal Proceedings before.
  9. On April 21, 2017, we received an approval of I-601A Provisional Waiver for a client who was denied I-601A before from a previous lawyer.
  10. On March 22, 2017, we received an Immigrant Visa approval for a child of Permanent Resident who is already 25 years of age but classified as minor under CSPA.
  11. On March 8, 2017, we received an approval of Provisional Waiver from USCIS for a seaman client.


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 ( 1-877-456-9266)


Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment