What you need to know before applying for Provisional Waiver

By Atty. Crispin Caday Lozano 

I. Discussion

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:

a. Those under 18 years of age;
b. Applicants for asylum during the pendency of the application, provided the applicant did not work without employment authorization;
c. Those who have been granted Family Unity during the authorized period;
d. Battered spouses and children, provided there is a substantial connection between the abuse and the unlawful presence;
e. Victims of a severe form of trafficking in persons if the trafficking was at least one central reason for the unlawful presence; and
f. 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.

II News from the U.S. Supreme Court

On June 26, 2017, the Supreme Court decided to hear the Trump travel ban at a date to be set.  Meantime the travel ban will be enforced for the entry of nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen into the United States.   It will also suspend the admission of all refugees for 120 days.


  1. On May 25, 2017, we received an approval of Form I-140 for a caregiver from the Philippines.
  2. On April 28, 2017, we received an approval of N-400 for a client who was under Removal Proceedings before.
  3. 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.
  4. 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.
  5. On March 8, 2017, we received an approval of Provisional Waiver from USCIS for a seaman client.
  6. On March 2, 2017 we received an approval of Dismissal of Criminal Case for a client who is in Removal Proceedings.
  7. On February 23, 2017, we received an approval of Naturalization of a client whose spouse had a prior misrepresentation.
  8. On January 7, 2017, we received an approval of Provisional Waiver for a client who entered as crewman but has two autistic children.


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 (info@ccllaw.net/ 1-877-456-9266)

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