If you obtained a visa to travel to Illinois, Wisconsin or another part of the country and stayed past the date your visa expired, you will begin to accrue unlawful presence in the United States. Essentially, this means that you will not be able to lawfully return to the country for a predetermined amount of time that varies based on how long past your visa’s expiration date you remained in the country. If you meet certain criteria, however, you may be able to obtain a Provisional Unlawful Presence Waiver to reenter the United States. At the Francis Law Center, we have a firm understanding of the eligibility requirements associated with this type of waiver, and we have assisted many clients navigate their paths to permanent citizenship.
Per U.S. Citizenship and Immigration Services, to be eligible for the Provisional Unlawful Presence Waiver, you must be at least 17 years of age, and you must file your application and provide biometrics from within the United States. You must also be in the process of obtaining your visa and have an active case with the U.S. Department of State that meets certain specific criteria.
For example, you may be eligible for a waiver if, in addition to the criteria outlined above, you are the principal beneficiary of a Petition for Alien Relative or Petition for Alien Worker. You, may, too, meet eligibility requirements if you are an active participant in the Diversity Visa program, or if you are the spouse or child of a principal beneficiary of an approved immigrant visa petition, and the principal beneficiary has already paid all necessary processing fees.
To obtain the Provisional Unlawful Presence Waiver, you also must demonstrate that your being denied entry into the country will substantially impact your spouse or parent who is a U.S. citizen in a negative manner. Furthermore, you must assert that you have no other reason, other than your period of unlawful presence, to be denied entry into the country. More about immigrant waivers is available on our web page.