Since March 4, 2013, immigrant visa applicants who need to leave the country for a consular interview may apply for a provisional unlawful presence waiver. This new waiver allows individuals to exit the U.S. for their consular visa interview for a green card and then return without worrying about getting stopped at the border. It also allows immigrants to apply for the visa while in the United States, then leave only when they need to complete their consular interview.

If they cannot receive the waiver, it is an indication that they shouldn't exit the country. If they are given the waiver, then they can trust that they'll be approved for an immigrant visa and be allowed to return to the U.S. as a permanent resident. This is the first step in becoming a citizen of the United States, so it is very important for immigrants hoping to be naturalized to head back to their home country for the consular interview as requested.

Not all parties are eligible for a provisional waiver. All applicants who request this waiver must be the immediate relative of a U.S. citizen.

At present, immigrants cannot apply for the waiver if their closest relative that is a U.S. resident is a sibling. Also, children who are adults or are married cannot apply using their parents as a relative. The Department of Homeland Security claims that they are going to look into this situation later and may expand the different relationships that qualify for a waiver. Also, at present, those who have family members that are permanent residents do not have the right to apply.

All applicants must be physically present in the United States when they apply and must be at least 17 years old. This law is not restrictive because individuals cannot apply for permanent residency until they are 18 anyway. Provisional waivers are reserved for applicants that are otherwise admissible to the United States. This means that the individual cannot ask for a criminal waiver as well.

To qualify for the waiver, the individual must prove that a U.S. relative will suffer extreme hardship if he or she is detained in the country-of-origin where the interview will take place. For example, if a husband can prove that his wife would be devastated and unable to provide for herself if he was detained in his previous country, then he may qualify for a waiver.

The USCIS is responsible for deciding who will receive a provisional waiver. Only applicants whose removal proceedings were administratively closed are eligible to apply. This waiver was created to preserve family ties and avoid the difficulties of separating immigrant families when one party goes back for an interview and is detained.

If you want to learn more about provisional waivers or want help with the application process, don't hesitate to call a local immigration lawyer for more information. The right attorney may be able to help you work through your case and get the assistance that you need in getting your provisional waiver.