Provisional Waiver

Provisional WaiverOn January 2, 2013, after almost a year of debate and consideration, the DHS Secretary Janet Napolitano announced the final rule allowing certain immigrant visa applicants to apply for a waiver under INA 212(a)(9)(B)(v) before leaving the United States, known as the provisional waiver. The rule went into effect on March 4, 2013 and is one of the most significant changes in immigration since enactment of IIRAIRA in 1997.

MyRights Immigration Law Firm has experience filing and winning hundreds of waivers. Although you may feel it will be difficult to establish extreme hardship, our attorneys have worked with hundreds of clients to develop strong, documents, and unique waiver applications. Please contact us to schedule an appointment to discuss your individual situation.

By allowing those who qualify to apply for a provisional waiver, before leaving the United States, the rule helps alleviate the hardship experienced by the qualifying relative due to the long term separation that used to exist related only to applying for the waiver. MyRights Immigration Law Firm asserts that this change corrected one of the most difficult problems that used to exist in immigration law.

To be eligible for a provisional waiver the applicant must:

  1. Be the beneficiary of an immediate relative petition;
  2. Have an active case with the National Visa Center; and
  3. Be inadmissible only under INA 212(a)(9)(B).

Eligibility for a provisional waiver does not guarantee the waiver will be approved. An applicant must prove extreme hardship to their qualifying relative. Common results of the bar, such as separation and financial difficulties, will generally be insufficient to approve a waiver. See Matter of Ngai, 19 I&N Dec. 245. However consideration must be given to all aspects of the qualifying relatives life including, age, health, individual circumstances, lower standard of living, adverse country conditions, etc. See Matter of Monreal, 23 I&N Dec. 56 (BIA 2001).

family-eatingSome examples of hardship MyRights Immigration Law Firm has used to win provisional waivers include:

  1. Medical problems
  2. Depression
  3. Anxiety
  4. Injuries at work
  5. Back pain
  6. Medications
  7. Activity in Church
  8. Medical problems of non-qualifying relatives
  9. Development of career
  10. Joint business ventures
  11. Current school/professional development
  12. Country conditions
  13. Past traumas
  14. And more

Additional Resources

USCIS Page on Provisional Waivers

Form I-601A