Provisional Waivers

San Francisco Bay Area Immigration Attorney

Provisional Waivers

If you or your family member entered the United States without a visa, you may be subject to a three or 10 year bar and therefore inadmissible to the United States. This is the case even if you are married to a US citizen or Lawful Permanent Resident. In order to overcome this inadmissibility and apply for lawful permanent status or a “green card” you must file a provisional extreme hardship waiver.

The provisional waiver allows immediate family members of U.S. citizens or Lawful Permanent Residents who entered the U.S. without inspection (visa), or are otherwise ineligible to adjust their status in the U.S. due to unlawful presence, to apply for “form I-601A provisional waivers” in the United States.  Once their waivers are approved by the USCIS, they will be eligible to attend their appointments for immigrant visas (green cards) in their countries of origin. The provisional waiver allows families to avoid separation of spouses and sons and daughters of U.S. citizen’s from their families for months or even years while their waivers are pending. These family members will obtain their waivers before departing the U.S., will be interviewed abroad, and will then return to their families in the U.S. within just a few days or weeks.

Our office has a unique approach to preparing provisional waivers, which has resulted in a high approval rate from USCIS. Clients who were told by others that their hardship was not extreme or significant enough were able to successfully obtain their green card with the assistance of our firm.

Contact us today for your free consultation.

Eligibility Requirements

  1. Be 17 years of age or older
  2. Be a parent or spouse of a U.S. citizen
  3. Have an approved I-130 Petition or I-360 Petition
  4. Have a pending case with the Department of State (DOS) for the approved I-130/I-360 Petition & have paid the DOS processing fees
  5. Prove that your absence will cause extreme hardship for your parent or spouse
  6. Be physically present in the U.S. in time of the application
  7. Complete the biometrics appointment


  1. You are inadmissible for a reason other than unlawful presence, examples include criminal issues, fraud, and having an illegal re-entry
  2. Your DOS interview was scheduled before January 3, 2013 or
  3. You are currently in removal proceedings