Provisional Unlawful Presence Waiver in the U.S

The Provisional Unlawful Presence Waiver in the United States of America (U.S.) is available for the close family members of an American citizen. The Provisional Unlawful Presence Waiver in the U.S. is available for family members who have the statute of a spouse, child or parent of an American citizen, but it is important to know that since 29 August 2016, the procedure has also been extended to other types of immigrants, who are eligible for a visa in USA. Our immigration lawyer in Miami can offer more details related to the requirements of the procedure. We will also assist in matters related to a residence permit in USA.

If you are a permanent resident and want to apply for USA citizenship, we can guide you.

Eligibility under the Provisional Unlawful Presence Waiver

Foreigners who are interested in immigration toUSA must know that the procedure related to the Provisional Unlawful Presence Waiver requires the applicant to meet a set of eligibility criteria, presented below: 

•    the applicant must be present in the United States; 
•    his or her minimum age should be of at least 17 years old;
•    the applicant should have already started the process of receiving a U.S. visa – but is it is important to know that there are special situations that are permitted under this rule;
•    the applicant considers that his or her visa application will be denied following a period of unlawful presence in Miami, U.S, of more than 180 days (which triggers the 3-year or 10-year bar), and must show extreme hardship to a U.S. citizen or permanent resident spouse or parent. 

Our US immigration attorney can offer more details on the specific conditions applicable to eligible candidates. We can also help you apply for a residence permit in USA.

You must submit an application at the closest U.S. Embassy or Consulate if you’re married to a citizen or holder of a green card and want to get a spouse visa for the US while residing abroad. You can acquire a CR1 or IR1 visa through this procedure, allowing you to live and work in the US under slightly modified conditions.

Immigrant visa in Miami, U.S. 

As mentioned above, the applicant should be in the process of receiving a U.S. visa and have a registered application at the Department of State. However, only certain options are applicable in this case. The applicant for the Provisional Unlawful Presence Waiver should have received approval on Form I-130. 

At the same time, eligible candidates may also apply when they have been included in the Diversity Visa program (on hold since December 2025; check travel.state.gov), established by the Department of State. 

Persons who are interested in receiving more details on the Provisional Unlawful Presence Waiver requirements are invited to contact our Miami immigration lawyer for legal assistance. We will also offer tailored advice on USA citizenship.