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The United States makes a provision that has been in play since the 4th of March, 2013, to certain immigrant visa application candidates with immediate relatives such as spouses, children, and parents of United States citizens can request for a provisional unlawful presence waiver prior to the time they leave the United States for a consular interview.
The United States decided to expand the provisional unlawful waiver process to other sects of individuals with statutory eligibility for an immigrant visa and a waiver of inadmissibility status for unlawful presence in the United States.
Individuals who are not eligible to adjust their status in the United States are regarded as Alien and are expected to go outside the country to obtain an immigrant visa. Individuals who have used more than 180 days of unlawfully staying in the United States are expected to obtain a waiver of inadmissibility to overcome the unlawful presence bars seen under section 212(a)(9)(B) of the Immigration and Nationality Act before they can get back to the United States.
As a result, the individuals under this category cannot apply for a waiver until after appearing for their immigrant visa interview outside the United States, and a Department of State consular officer has confirmed that they are inadmissible to the United States.
The provisional unlawful presence waiver measure permits those people who are statutorily qualified for an immigrant visa such as immediate relatives, family-sponsored or employment-based immigrants, and Diversity Visa selectees, whose need is just a waiver of inadmissibility for unlawful presence to obtain the waiver application in the United States before they leave for their immigrant visa interview.
The new process was established to quicken the time that the United States citizens and legitimate permanent resident family are far from their relatives while those relatives are acquiring migrant visas to become lawful permanent residents of the United States.