The United States provisional waiver program will be greatly expanded when a new rule goes into effect on August 29, 2016. The provisional waiver program was implemented on March 3, 2013. Also known as a "stateside" waiver, or an I-601A waiver, the provisional waiver program has allowed spouses of U.S. citizens to apply for their green cards, or lawful permanent residency, without having to leave the United States, and being separated from their families, for long periods of time. It has also allowed parents of adult U.S. citizens the same opportunity. The drawback to the program, however, is that is has not allowed spouses of Lawful Permanent Residents, or parents of adult Lawful Permanent Residents, to do the same. Until now.
On August 29, 2016, U.S. Citizenship and Immigration Services is expanding the program to allow all individuals who are statutorily eligible for the unlawful presence waiver to apply for it--whether their spouses or adult children are citizens or Lawful Permanent Residents. This is a very important and significant development, and it presents a wonderful and long-awaited opportunity for many people in the community to finally apply for and obtain their green cards.
It is important to remember that, as before, to qualify for a provisional waiver, you must be able to show that, not only are you the spouse or parent of an adult U.S. citizen or legal resident, but you must also demonstrate that, by not being allowed to stay in the United States, it would work an "extreme hardship" on a U.S. citizen or permanent resident spouse or parent. This is undeniably the most complicated and challenging part of winning a provisional waiver case. It is also the part that requires the assistance of great immigration lawyers who have a proven track record of preparing provisional waiver applications.
The lawyers at the Law Offices of Matthew H. Green have enjoyed winning many provisional waiver cases for our clients since the program went into effect in 2013. We are very excited to help even more people to finally get their green cards with the expansion of the provisional waiver program. If you believe you may qualify for this great opportunity, we would love to sit down and talk to you about your options.