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Waivers of Inadmissibility

A foreign national married to a U.S. citizen may not be eligible for permanent residence if he or she has been found to be inadmissible to the United States. Fortunately, a waiver of inadmissibility may be available if a foreign national can demonstrate that his or her U.S. citizen spouse will experience extreme hardship if he or she is not granted permanent residence.

Extreme hardship must be shown both in the United States, and in the foreign national spouse's home country. Applicants for waivers of inadmissibility must generally apply outside the United States when they attend their immigrant visa interviews.

Provisional Waiver Program

On March 4, 2013, the U.S. Citizenship and Immigration Services (USCIS) put into effect a provisional waiver program that allows some applicants to apply before they leave the United States. The applicant can remain in the United States until the waiver application is “provisionally” adjudicated, before departing for his or her immigrant visa interview.

This process will add certainty to the outcome of the immigrant visa interview, and shorten the separation period for affected families. Currently, the only individuals eligible for this program are those who are inadmissible because of unlawful presence, and who have an approved I-130 Petition for Alien Relative filed by a U.S. citizen immediate relative.

Filing a successful waiver of inadmissibility can be very difficult because of the discretionary nature of the process. What constitutes extreme hardship to one person may be seen as just an inconvenience to someone else.

With over a decade of experience, our Tucson, Arizona immigration attorneys can provide expert guidance and help you prepare the most persuasive waiver. We can also help you determine if you are eligible for a standard waiver, or for the provisional waiver program.

We strongly encourage you to reach out as soon as possible to schedule a consultation to determine your eligibility for a waiver of inadmissibility. Call (520) 882-8852 or in Tempe, call us at (480) 933-8941, or contact us.