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On January 3, 2013, the final rules for this program were posted in the Federal Regerster, with an implementation date of March 4, 2013.  The goal of this program is to reduce the time U.S. Citizens are separated from their immediate relatives (spouses, children, and relatives) who are in the process of getting visas to become green card holders.  This final rule establishes a process that will shorten the time you will have to stay abroad. 
Welcome. I am Andres Mejer a New Jersey immigration attorney with offices in Long Branch and Lakewood. Today USCIS is publishing the final rules for a program they are now calling the Provisional Unlawful Presence Waiver. I just finished a teleconference call with DHS Director Mayorka discussing this program and couldn’t wait to tell you about it. In this series of videos I will:1. Describe for you what the program is,2. Tell you the requirement to determine your eligibility, and3. Define some of the terms you need to know in order to fully understand it.So come on let’s get to it.

  • The Provisional Unlawful Presence Waiver only forgives unlawful presence. If you need other waivers, you may not qualify for this program.
  • For something as detailed as this program, you MUST speak to a qualified immigration program before applying.
  • You don’t want to be outside of the US when you first learn that you won’t be able to return to your family for 10 years. At that point it is too late.
  • Learn how to find a qualified immigration attorney by downloading my FREE book on the right of the screen.

Requirements to Apply

In order to apply for the Provisional Unlawful Presence Waiver, you must

  1. Be physically present in the United States;
  2. Be at least 17 years of age at the time of filing;
  3. Have an approved immigrant visa petition filed U.S. citizen immediate relative;
  4. Have an immigrant visa case pending with the U.S. Department of State (DOS) AND you have already paid the immigrant visa processing fee;
  5. You accrued Unlawful Presence in the U.S., and are not inadmissible for any other reason;
  6. Prove extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion;
  7. You meet all other requirements of the provisional unlawful presence waiver as listed in the regulations, the Form I-601A and its instructions.

So what does this mean in English?

Well, at its most basic level you have a spouse, parent or child (over 21) who is a U.S. citizen or green card holder that can petition for you.  Your family member can file a petition that will get your green card.  Because you entered the U.S. without permission (illegally) you can’t get a green card in the U.S.  You need an interview at the U.S. embassy in your home country in order to get a green card when you return to the U.S.  This waiver reduces your risk because it is approved before you leave the U.S, reduces the time you are outside of the U.S., and reduces the time you are separated from your family.  In short, you know that you have an excellent chance to return before you leave the U.S.

So if you have a family member who is a U.S. citizen or green card holder, contact us today to learn how they can apply for you.

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