Provisional Waiver Lawyer  

Adjustment of Status

Immigrants who overstay their visas or enter the U.S. illegally face serious consequences depending on how long they have been here. One way to avoid deportation and a ban on re-entry to the U.S. is to file for a provisional unlawful presence waiver.  

If successful, it is possible to adjust your immigration status to a lawful permanent resident depending on your eligibility. If you have accumulated unlawful presence, doing nothing is not an option. Instead, contact an experienced provisional waiver lawyer at Martinez Immigration for assistance.  

Book a consultation with a family-based immigration lawyer today. 

What is Unlawful Presence?

Unlawful presence is one of multiple grounds to be deemed inadmissible for legal immigration under U.S. law. Generally, immigrants acquire unlawful presence days by:

  • Illegally crossing the U.S. border 
  • Entering the U.S. under fraudulent circumstances (fake visa or passport, for example) 
  • Overstaying the authorized period of stay for their visa  

Individuals who leave the U.S. after accruing unlawful presence can be barred from re-entry for up to 10 years for more serious infractions.  

Understanding Provisional Waivers

A provisional waiver is a tool to bypass issues that may be preventing someone from obtaining a green card to remain in the U.S. However, it can be challenging to understand the complex procedures and requirements for provisional waiver applications.  

Generally, waivers are issued for individuals who have been approved for an immigrant visa after being sponsored by a U.S. citizen or green card holder. Those who have received visas through sponsorship and others who are selected for the Diversity Immigrant Visa Program are likely to be eligible as well.  

If someone is already involved in the deportation process, a provisional waiver application cannot be submitted until their deportation case is closed. Once a deportation order is final, a provisional waiver is no longer an option.  

In many cases, a provision waiver covers inadmissibility for individuals who enter or live in the U.S. illegally. However, if someone is deemed inadmissible due to criminal behavior or convictions, they are unlikely to be granted a waiver.  

Learn how a family-based immigration attorney can help your case today. 

Provisional Waivers Eligibility

Prior to 2016, a I-601 waiver applicant had to be an immediate relative of a U.S. citizen. Since that time, the waiver guidelines were expanded to include all qualifying relatives of lawful permanent residents and those who are eligible for an immigrant visa.  

Additional eligibility requirements include: 

  • Age 17 or older 
  • Physically present in the U.S.  
  • Has a pending immigrant visa case 
  • Payment of the immigrant visa processing fee 


Because every case is unique, it’s best to contact an immigration attorney to determine if you are eligible for a provisional waiver.  

What is the Provisional Waiver Process?

Here is a brief summary of the provisional waiver process at this time:  

  • A U.S. citizen/lawful permanent resident files a relative petition on behalf of a qualifying relative.  
  • The family petition is approved.  
  • The U.S. Department of State requests visa information and proof of financial support for the relative.  
  • The relative files a waiver of the bar to reentry. To do so, they must prove their departure would cause extreme hardship to a family member.  
  • The waiver is approved.  
  • The relative leaves the U.S. to attend their consular interview.  
  • After their interview, the visa request is processed within a few weeks. The relative can now return to the U.S. as a permanent resident.  

If the waiver is denied, the non-citizen may be referred to deportation hearings. The key to an approval is demonstrating the harmful emotional, physical, and financial impact a denial would have on the relative’s qualifying family members in the U.S. Your immigration attorney helps you build a compelling case to show why it’s important for you to remain in the country legally.  

Learn how a family-based immigration lawyer can help your case today.

Our Immigration Attorney Can Help

As you can see, there are many variables at play when it comes to provisional waivers. A lot depends on how and why you accrued unlawful presence—and the status of your visa vase. A virtual consultation with an immigration attorney is the best way to understand your rights and your options to avoid deportation and a re-entry ban.  

Martinez Immigration is proud to assist clients in overcoming common challenges that occur along the path to a green card. Based in Texas, we assist clients across the U.S. Virtual consultations are available. Book yours today 

We got you covered!

No Matter What your immigration needs or questions are…

We take great pride in providing immigration services to our clients. Our mission to reunite families drives us to succeed.

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