In March, 2013, USCIS started accepting applications for Provisional Waiver of Unlawful Presence, I-601A. The waiver can help those who are related to the U.S. citizens, and who came to the country illegally or overstayed their visas. In particular, the wavier can help former K-1 holders, former C1/D holders; EWI-s.
The provisional waiver cannot help those who have other inadmissibility issues such as criminal convictions, prior illegal entries, or claims of U.S. citizenship.
The application for provisional waiver can be found on USCIS website. There is no appeal if the waiver gets rejected, however, the person can re-apply.
The provisional waiver process and application are not as easy as they may seem and advertised on TV. A successful provisional waiver application demands a showing of extreme hardship to the qualifying U.S. relative. This standard is not so easy to reach. In addition, there are many procedural questions that are rather complicated and that can impede the success of the provisional waiver applications. For example: can an individual with voluntarily departure order apply for provisional waiver? Can somebody with an order of deportation do so? How long the waiver will be considered?
The AILA (American Immigration Lawyers’ Association) asked USCIS some of these questions, and the answers can be viewed HERE.
As a general advice, an applicant should consult with an Immigration attorney before filing the provisional waiver application. You can call with questions at 917-885-2261.