Provisional Waivers

Immediate relatives of U.S. citizens can apply for provisional waivers that overcome the inadmissibility bar of unlawful presence in the U.S. The provisional waiver process allows you to seek a waiver in the United States before you depart for immigrant visa interviews at a U.S. embassy or consulate abroad. This process permits waivers only for unlawful presence in the United States.

You must not have any other grounds of inadmissibility.

Do I need to leave the U.S. if I seek a provisional waiver?

Ultimately, yes. Immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. The provisional waiver process has shortened the amount of time you and your family member will be separated, but it doesn’t change the requirement that you process through the U.S. Embassy abroad.

Proving Hardship

In order for USCIS to approve you for a provisional waiver, you must prove that the denial would cause extreme hardship to a United States citizen spouse or parent (children are not considered qualifying relatives under the statute). Based on the totality of the circumstances, if you prove extreme hardship to the satisfaction of USCIS, your provisional waiver will be approved.

Why do I need an attorney?

This process may be challenging and daunting for applicants; Poarch Law has extensive experience working with clients through the provisional waiver process, identifying unique hardships and documenting eligibility to the satisfaction of USCIS.

Working with Poarch Law on Provisional Waivers

Poarch Law provides detailed checklists and examples of the documentation needed for hardship, assists the couple by setting up psychological evaluations with an experienced mental health professional, if necessary, and carefully and accurately prepares the hardship information for USCIS’ review.


Next Step: Consular Processing