New provisional waiver policy saves immigrant families from months apart

March 14, 2013

Starting Mar. 4, 2013, certain immigrant visa applicants can apply for provisional unlawful presence waivers before leaving the United States. Under previous policy, these immigrants were required to leave the United States to request a waiver at a specific U.S. consular office in the immigrant's country of origin. For many immigrants, this meant months spent away from loved ones in a country that no longer felt like home. In some cases, this waiting period even became dangerous. Mexican immigrants, for instance, had to travel to the border city of Ciudad Juarez, known for ever-more-vicious acts of drug-related violence.

Going forward, immigrants seeking a provisional unlawful presence waiver will still be required to depart the United States for an immigrant visa interview with a consular officer abroad as part of the visa application process. However, the lion's share of legwork in obtaining a provisional waiver can now be completed while the immigrant remains in the United States, minimizing the amount of time spent away from family and everything else that life in America has to offer.

What are the eligibility requirements for a PUP waiver?

A provisional unlawful presence waiver (or, as it is known in some circles, a PUP waiver) can be an important stepping stone for those who ultimately want a green card. Only an immediate relative of a U.S. citizen -- in other words, a spouse, child or parent of a U.S. citizen -- is eligible for a PUP waiver.

PUP waivers are also only available to individuals whose sole ground of inadmissibility is unlawful presence of longer than 180 days. This means the only thing keeping an applicant from admission into the United States is presence in the United States without legal permission for more than six months. Certain criminal convictions, for example, would prevent an applicant from receiving a PUP waiver.

PUP waiver applicants must also meet the following prerequisites:

- Be 17 years old or older
- Have a pending immigrant visa case with the Department of State and have paid the required immigration visa processing fee
- Be physically present in the United States to file the PUP waiver application and provide biometrics
- Not have been scheduled for an immigrant visa interview prior to Jan. 1, 2013
- Be able to show how refusal of admission to the U.S. would cause extreme hardship to the applicant's U.S. citizen spouse or parent
- Have filed and received approval on all required forms and met all other requirements for a PUP waiver as detailed in federal regulations

Bring your questions to an experienced immigration lawyer

The new PUP waiver process decreases the amount of time families are separated. Applicants know before leaving the United States that they have a much higher likelihood of being approved and returning with their greencard, making a case less risky for families.

The attorneys at RA Law have high success rates on waivers. Even when cases have been denied before, our attorneys can help applicants get their cases approved.

If you have an immigrant in your family, or if you are an immigrant yourself, it is important to reach out to an experienced immigration attorney as soon as possible about any possible immigration issues. Getting things done right the first time can help you resolve your immigration matter without added delay or additional cost. Contact an attorney at RA Law today with your immigration questions.

Article provided by Robichaud, Anderson and Alcantara P.A.
Visit us at www.robichaudlaw.com