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On January 2, 2013, the United States Department of Homeland Security announced that undocumented immigrants who were immediate relatives of United States Citizens but unable to apply for a green card from within in the U.S. because they entered without inspection, may submit an Application for a “Provisional Unlawful Presence Waiver” while they were still in the U.S. before attending their visa interview abroad. Our attorneys were hired by a client from Mexico who had entered the U.S. without inspection and his U.S. citizen wife to prepare his I-130 Petition and I-601A waiver and assist him with scheduling of his visa interview abroad. Once our attorneys obtained approval of the I-130 Petition, we prepared and submitted a detailed I-601A Provisional Waiver Application. The package comprised of all the hardships the USC spouse would face, including financial hardship, separation from parents and siblings in the U.S., her poor mental health, and lack of opportunities for her should she be forced to move to Mexico to be with her husband. The Application was approved within eight months and our client successfully completed his visa interview abroad and obtained his green card.

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