The Most Asked Questions on Provisional Unlawful Presence Waiver

Certain immediate relatives of U.S. citizens who are currently present in the country may be eligible to apply for the provisional unlawful presence waiver. This means that applicants will know before departing the U.S. whether they are subject to a three- or ten-year bar to enter the U.S. should they leave the country to attend the immigrant visa interview.

Following the numerous requests from Clients calling our Sacramento Office seeking expert advice on this topic, we have prepared a short list of frequently asked questions regarding the provisional waiver and the National Visa Center (NVC) processing and immigration interview abroad.

1. What if My Visa Interview is Already Scheduled?
   If you have an interview appointment letter from the NVC dated before January 3rd, 2013, you are NOT eligible to file for the provisional unlawful presence waiver. Only applicants who have an interview scheduled on or after January 3rd are eligible. In addition, you should know that “scheduled” means the date the NVC took the action to schedule the case, and not the date of the visa interview appointment.
2. Will an Interview Appointment be Scheduled After I Apply for a Waiver?
   No. When you submit your application for a provisional unlawful presence waiver, the USCIS will notify the NVC. The NVC will not schedule an interview until the USCIS makes a determination on the waiver.
3. What Happens After My Provisional Unlawful Presence Waiver is Approved?
   The NVC will schedule your immigrant visa interview at the designated U.S. embassy or consulate abroad and you will be notified of the date. You will then leave the U.S. to attend the interview. If you are otherwise eligible for the waiver, you will not be subject to a bar to reentry to the U.S.
4. What Happens If I Have Other Ineligibilities Determined at the Interview?
   If there are other grounds of inadmissibility determined at your immigrant visa interview besides unlawful presence, the provisional waiver may be automatically revoked. Other grounds of inadmissibility may include past crimes committed or other acts of moral turpitude. If these may apply to you, you will want to talk to an attorney.