Eligibility and Process
Under current law, immediate relatives of U.S. citizens who cannot adjust status in the U.S. must travel abroad for an immigrant visa. Those with over 180 days of unlawful presence need a waiver of inadmissibility to return. The waiver takes effect only after: a consular officer confirms admissibility and eligibility for an immigrant visa, and departing the U.S. and attending the visa interview.
Eligibility for a Provisional Waiver
To be eligible: not have been scheduled for an interview before January 3, 2013, be physically present in the U.S. to file and provide biometrics, demonstrate extreme hardship to a U.S. citizen spouse or parent if denied, have a pending immigrant visa case with DOS and paid the processing fee, have an approved Form I-130 or Form I-360, be an immediate relative of a U.S. citizen, and must be 17 or older.
Application Process and Limitations
Pay the $585 fee and $85 biometric fee if under 79. Fees cannot be waived. Complete Form I-601A carefully. The provisional waiver: does not provide legal status or change the requirement to depart the U.S., does not guarantee an immigrant visa or U.S. entry, does not allow interim benefits like work authorization, and does not grant benefits or protect from removal. If denied, no appeal or motion to reopen is allowed.