Who can acquire a provisional waiver?

When individuals enter the United States illegally and leave the country, they may be barred from getting back into the country. This can be devastating as they may be stuck in a country that their family is so far from. When individuals find themselves in this situation, they may be able to apply for a provisional waiver. This waiver can allow the individual to enter back into the country. If they are not granted this waiver, they may face a three to ten-year bar from the United States. This will stop their entry into the country. They must remain outside the country during this period of time. If applicants are charged with a crime of moral turpitude or have a criminal record, they may be denied a provisional waiver due to this record.

Those applying for a provisional waiver should meet the following eligibility requirements to be considered. Applicants must have immediate relatives that are United States citizens. Immediate relatives is referred to as citizens who are spouses, parents or children under 21. The applicant must be physically present in the U.S. and not have an interview scheduled with the U.S. consulate abroad. To be granted the waiver, you have to demonstrate that your spouse or parent will suffer an extreme hardship if the waiver is not granted and if you are not permitted to reside in the country.

How do I establish that a hardship is present?

In order to prove your hardship, you and your family will go through various steps to justify your situation. Your family may have to make personal statements on how your departure from the U.S. will affect their overall well-being. This can help to show how your presence is needed in the country as a form of support. It can prove that your presence is not just a form of support, but your finances are as well. To further support their claim, you may also have to write your claim about the situation. To begin the waiver process, you will have to file for a waiver in your own original country. Due to this, the process can take quite some time.

How can the 3-10 year bar affect me?

If individuals stay in the United States for 180 days but less than a year, then decide to leave the country, they may have trouble re-entering. If you are in this situation, you may face a three to 10 year bar. With this bar in place, it may separate you from your loved ones who are back in the United States. The bar can impact your adjustment of status. You should explore options to acquire a waiver in order to do everything you can to improve your chances of entering back into the country.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.