"Provisional waivers of unlawful presence" - Page 2

Well, its not the age limit isnt the issue but the fact that they have two different records for your birth. Is there anyway your lawyer can clear this up?

yeah. there is no age limit issue if your bday is 1986 under the original daca guidelines. Yes, you could apply for one of those waivers. Unless you didn't arrive in the country by age 16?

Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:
The sons and daughters of U.S. citizens; and
The spouse and sons or daughters of lawful permanent residents.
What
Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.
Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.
Notes: Currently, only spouses and minor children of U.S. citizens are allowed to apply to obtain a provisional waiver if a visa is available. For more information about the waivers program, go to the Provisional Unlawful Presence Waivers page which will be updated over the next several months.


Ok so if my understanding of this is correct .... a brother files for a brother but is also a child of a pr or citizen.. you can apply for a waiver . Does anyone see where it says the qualifying relative doesn't have to be the petitioner ?

You guys are misunderstanding the big picture here. Yes provisional waiver does bring some good factors that the old process didn't have. But the fact is the big problem here is having to file a waiver!

It's a bit easier for a spouse to file a waiver on behalf of another spouse and have the level of evidence needed to meet the "extreme hardship" key requirement of the waiver process. And that is something a parent cannot prove for a child

A parent in very rare cases is able to come up with good enough evidence to even come close to the "extreme hardship" requirement. In my opinion this helps in no way. If they really wanted to help they should have taken out the extreme hardship requirement.

Omg! Please get in contact with a good immigration attorney asap! You most def are eligible NOW to adjust your status because spouses of military member are eligible for a special process call Parole in Place! Which mean a special parole will be issued to you that will get rid of your illegal entry and then after eligible to adjust your status! If you are anywhere near San Antonio TX or TX at all message me I can give you a free consultation with my boss who is an immigration attorney AND current JAG attorney.

Hey I don't live in Texas. I live in Alabama but is there a way I can do the consultation thru the phone ? I am willing to pay or else do you know any good lawyer around Alabama or Atlanta area that you can refer me to ?

If you use someone in Atlanta, go to Charles Kuck. Kind of pricey, but definitely worth every penny. He's the best in the SE, IMO, and the only lawyer my family trusts.

I am confused about this.
So if my LPR mother petitioned me when I was 20, then I turned 21(but my i-130 was approved 3 months before It was filed, still age 20 at that point) Do i still qualify for this? I already aged out isnt?

Hello Txgirl, so with this you still have to leave the US for your interview correct?

Yes the only thing that this changed is that instead of leaving not knowing whether or not your I-601 waiver was approved. With the provisional allows you to do the waiver interview in the US and if approve you leave to your consular appt in your country knowing you have been approved already and just do your medical exam in your country.

Again this helps in no way to people who have petitions pending from parents or siblings because they cannot prove extreme hardship for your waiver