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The Provisional Unlaw Presence Waiver is available to applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens who have been unlawfully living in the United States of America.
The individual must be 17 years of age.
Additionally, the immediate relative must file for a Provisional Unlawful Presence Waiver if he/she has accumulated 180 days or more in the United States of America.
Although, the Provisional Unlawful Presence Waiver is for those who need only inadmissibility for unlawful presence.
If the immediate relative is in removal proceedings, he/she is ineligible for the Provisional Unlawful Presence Waiver.
The Provisional Waiver The Provisional Unlaw Presence Waiver must be filled while in the United States of America prior to departing for the immigrant visa interview at a U.S. embassy or consulate.
The Provisional Unlawful Presence Waiver is available to speed up the process and minimize the time families are separated from each other.