EXAMPLES OF THOSE WHO DO NOT NEED an unlawful presence waiver:
- If the person entered legally and overstayed, an unlawful presence waiver may not be needed because the law considers marriage to US citizen as qualified basis for issuing a Green Card
- Anyone who has entered illegally, yet accrued less than 180 days of unlawful presence
- Children under the age of 18 do not accrue unlawful presence for any period of time before their 18th birthday.
- Certain victims of crime and persons with pending asylum applications do not accrue unlawful presence while their application is pending
An immediate relative would NOT BE ELIGIBLE for the process if he or she:
- Is subject to a final order of removal or reinstatement of a prior removal order (however if your case was administratively closed you should consult with a qualified attorney to determine if you meet the provisional waiver requirements);
- May be found inadmissible at the time of the consular interview for reasons other than unlawful presence; or
- Has already been scheduled for an immigrant visa interview at a U.S. Embassy or Consulate abroad.
If you do not qualify for a provisional waiver you may be able to apply for a waiver under the current I-601 waiver procedure.
Evidence of Extreme Hardship