When a foreign national marries a United States citizen, the citizen naturally desires to petition his or her spouse for lawful permanent residence. In most cases, when that foreign national did not enter the United States legally, he or she must leave the country before immigrating to the United States. Part of this process includes obtaining a “Waiver of Inadmissibility,” for the time that the spouse was here in the United States unlawfully. There are different types of Waivers of Inadmissibility, but when the only issue is unlawful presence, the applicant can ask for and receive an approval for the Waiver before he or she leaves the country. This program is call the Provisional Waiver program.
This is significant because once a Waiver is approved, there is little risk that the applicant will not be able to immigrate and come back into the United States. And there is no more waiting for the approval of the Waiver application while the applicant stays stuck in the foreign country.
This process requires the applicant to prove that if he or she is not allowed to come back into the country following the applicant’s visa interview, that it will cause the United States citizen spouse to suffer Extreme Hardship. Extreme Hardship is a defined term under the immigration laws and there are several ways we go about proving it. This is a time consuming process and we work with our clients carefully to identify all possible hardship that will qualify for Extreme Hardship.
There are several parts of the immigration law that impacts your ability to obtain this Waiver. It is important that we review your entire history here in the United States and all of your entries into the country. Our firm has been very successful in securing these Waivers for our Clients and we can help your family too.