When it comes to visiting a U.S. citizen family member, 180 days seems insufficient to make up for all the quality time lost with that loved one. In these cases, it is possible that this time may expire without even realizing it. With the help of our immigration lawyer, you will be able to live in the United States legally, even if your stay in the country has expired.

If you are an immigrant visa applicant and have an immediate family relationship to a U.S. citizen, but your presence in the U.S. has become unlawful for more than 180 days, you need a Provisional Unlawful Presence Waiver. We will make sure that you can make your request without any problems.

Schedule an appointment now and let us ease the way for your waiver application. This way, you will not have to worry about losing your immigrant visa application, and your dream of being closer to your loved ones can become a reality in no time.

What are Waivers?

The U.S. government often grants waivers to immigrants who have committed any type of infraction in the country, have entered the country irregularly, or simply don’t meet the necessary requirements to obtain a visa or residency status in the U.S.

Basically, it is a kind of exception to the immigration law, so that you can have the opportunity to apply for residency or an immigration visa for the United States.

What is a Provisional Unlawful Presence Waiver?

As for the Provisional Unlawful Presence Waiver, this is granted for those cases in which you, despite having filed an immigrant visa application because you are an immediate relative of a U.S. citizen, are in the country illegally because your time of stay has expired.

With this waiver granted by the U.S. government you will be able to return to your home country for your immigrant visa interview, regardless of how long you have been in the country illegally since your last entry.

Am I eligible to apply for the Provisional Unlawful Presence Waiver application?

As with all visa application processes, to obtain your Provisional Unlawful Presence Waiver you must first make sure that you meet each of the requirements established by the Immigration Law to ensure that you are eligible and complete the process with complete certainty.

You are eligible for the Provisional Unlawful Presence Waiver if you meet the following conditions:

  • Be physically within the territory of the United States at the time of application.
  • Be 17 years of age or older.
  • Be in the process of applying for an immigrant visa with a consular section of the Department of State (DOS).
  • Demonstrate that the denial of your admission to the United States may cause hardship to your U.S. citizen or legal resident family member.
  • Have accumulated in the country more than 180 days, but less than 1 year, during a stay, or 1 year or more during a stay.

In addition, you must also comply with certain requirements set forth in Form I-601A, which you must submit to the immigration authorities in order to be approved for your Provisional Unlawful Presence Waiver.

How can our immigration lawyer help you?

Going through the immigration process on your own can be very difficult, especially when you do not know the proper procedures to follow for each case. If what you need is a Provisional Unlawful Presence Waiver, our immigration lawyer is ready to provide you with all the advice you need.

Don’t worry about the forms you need to file, the requirements you need to comply with or any other aspect of the waiver application process, with the help of our immigration lawyer, you will be able to comply with everything you need to have your waiver approved without any problems.

Schedule an appointment now and let’s talk about your case. We are the option you need to live legally in the United States.

Khalique-Icon

© Copyright 2025 Khalique Law PLLC ATTORNEY ADVERTISING: This website and the information is provided by the lawyer or the law firm for general information, and is not intended to provide legal advice or create an attorney-client relationship. By using this website and the information contained herein, you understand that no attorney-client relationship is created between you and the firm. You should not act or rely on the information provided on this site website without seeking the advice of an attorney. We cannot guarantee results and past performance does not guarantee future results. The firm also takes no responsibility and no liability is assumed for the information on the site, quality or accuracy of any links to a third-party website. Links to third-party websites are for informational purposes only and are not an endorsement by Sumaiya Khalique or Khalique Law, PLLC.

Skip to content Scroll to top