Lim Law – Orlando Immigration Attorney
The provisional waiver system took effect March 4, 2013, for immediate relatives of U.S. citizens. Immediate relatives are described as children and spouses of U.S. citizens. Although parents of U.S citizens are also immediate relatives, they are not yet eligible for this new provisional waiver.
If a person entered the U.S. without legal permission and is not eligible for 245(i), they must leave the U.S. to obtain residency in the U.S. Consulate of their homeland. Those in this position encounter the problem that when you leave, the punishment of three years takes effect if that person was in the U.S. and undocumented for more than six months but less than one year. If the person was in the country and undocumented for more than one year, the punishment and length for returning to the United States increases to 10 years.
There is currently a waiver available for immediate family members mentioned above; you can apply for this waiver once you are in the U.S Consulate. During this time, the family will be separated and await the verdict throughout the course of nine months. In 2013, it was announced that the waiver could be filed while in the U.S., to prevent family separation throughout the process.
Video: What is a waiver?
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