As someone currently residing in Florida in the midst of registering as an immigrant, you may have heard of provisional unlawful presence waivers. Though this may sound like it could help you out in your current situation, it is equally important to understand that you must fit certain requirements in order to be eligible to apply for one.
The U.S. Citizenship and Immigration Services takes a look at the eligibility requirements that are necessary if you intend on applying for a provisional unlawful presence waiver. First, you must be at least 17 years of age. You need to be physically present in the country at the time of filing, as you will need to file in person and provide biometrics. You must be able to show that if your entrance to the country is refused, it would cause extreme hardship to the citizen or Legal Permanent Resident that is sponsoring you.
Additionally, you must be in the process of getting your immigrant visa already. You need to have an immigrant visa case pending with the Department of State. Additionally, your case will only qualify if it falls under certain descriptions, such as if you are a Diversity Visa program selectee or the child or spouse of a principle beneficiary. Finally, if you believe you are inadmissible, it must be because you were unlawfully present in the country for either a year during a single stay, or between 180 days but less than a year during a single stay.
There are other requirements as noted in the instructions of additional forms that you will get with the paperwork needed to file your waiver. It’s important for you to look over all of those carefully as well.