Provisional Waiver Program – Immigration Attorney San Antonio TX
Provisional Waiver Program
Secretary of Homeland Security Janet Napolitano has announced a new provisional waiver program that, under certain circumstances, greatly reduces the time United States citizens are separated from their immediate relatives (spouse, children and parents) who are in the process of obtaining visas to become lawful permanent residents of the United States. The provisional waiver program establishes a process that allows certain individuals to apply for an unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013.
This is a major announcement by the United States government. Prior to this program, individuals who had to return to their home country to file for a waiver for unlawful presence would wait for months and, in some cases, years to be able to return to the United States. The risk that their unlawful presence waivers could take months and months to be adjudicated discouraged many families from the application process regardless of the underlining strength of their cases. This program will eliminate the anxiety for these families and allow them to move forward on the process.
However, it is important to remember that not everyone qualifies for the new provisional waiver program. Past incidents with immigration, previous criminal history, and the petitioner’s immigration status all play a role in the determination of whether a person may take advantage of this program. Therefore, it is very important that you contact a qualified immigration attorney who can review your case in an honest and thorough way so that you know whether you can apply under this new process.