Expansion of Unlawful Presence Waiver

Expansion of Unlawful Presence Waiver

The Department of Homeland Security (“DHS”) recently made an important announcement. United States Citizenship and Immigration Services (USCIS) is expanding who is eligible for a provisional unlawful presence waiver. 

This announcement is especially important to lawful permanent residents with undocumented spouses.

Now, the following people can also apply for the provisional waiver:

  1. The spouses and children of lawful permanent residents in addition to the spouses and children of U.S. citizens;

  2. Anyone applying in a “preference” visa category who is otherwise eligible;

  3. People who are in deportation proceedings may now file an application for provisional waiver with U.S. Citizenship & Immigration Services;

  4. People who have a final deportation order but have not departed the United States.


We encourage you to meet with one of our attorneys to have them evaluate if you and your family can qualify for these new expanded waivers!

En español.