Skip to the main content.

The
Provisional Waiver

BKR Line - Dark
KEEP YOUR FAMILY TOGETHER AND IN THE U.S.

 

 

stop

 

Note: You May Need a Different Type of Waiver

This page is about the provisional waiver of unlawful presence, which is for people who have been in the U.S. illegally and are married to, or are the children of, U.S. citizens or lawful permanent residents.

Depending on your situation, you may need this and/or another waiver. If you apply for an immigration benefit without applying for and receiving the needed waiver(s), the government won't approve your application.

Contact us to find out what kind of waiver you need

An Easier Way to Get a Green Card

BKR Line - Light 2

If you're married to a U.S. citizen or legal permanent resident, you may qualify for the provisional waiver program, which lets you get your green card without serving the dreaded 3- or 10-year bans. Click the slideshow to see how it works.

take 3 distinct steps
Take 3 Distinct Steps

Before applying for a waiver, applicants must submit an I-130 form to prove their relationship and eligibility. After the applying for the waiver, you apply with the NVC and travel back to your home country for an interview.

THE I-130: LEARN MORE

marriage
Have a Qualifying Relative

Waiver applicants must have a spouse or parent who is a U.S. citizen or permanent resident. In the waiver application, you must prove that your qualifying relative will suffer extreme hardship if you're banned from the U.S. for 3 or 10 years.

Learn More

away from family
Show Extreme Hardship

All separated families will suffer, but extreme hardship is something more than loneliness or inconvenience. To meet this legal standard, our attorneys meet with you to identify the elements of your case that make you stand out from the rest.

Get A Guide

waiting
Work on Next Steps While You Wait

Processing times for USCIS vary, but you can count on BKR to keep preparation of each step of your case moving while we wait on the government to process each step.

See Testimonials

americanfamily
Trust a History of Success

Over the past 15 years, we've helped thousands of immigrants get green cards and stay with their families. That's a lot of happy people. Why wait? You could be next.

Get Started

An Opportunity That Changes Lives

BKR Line - Light 2

Gerardo Hernandez was sick of the stress of being undocumented.
Together with his wife, he applied for the provisional waiver.
Now they relax, knowing he's protected against deportation and able to work and drive legally.

 

 

"Out of the whole process, what made me the happiest was when

I came out of the airport and saw my two daughters and my wife waiting for me.

We kissed, we hugged, we laughed. There were no words."

-- Gerardo Hernandez, BKR client

See more testimonials

4 Keys to Qualify

The provisional waiver program requires applicants to have a qualifying relative, show extreme hardship, submit certain documentation, and have good moral character. Hover over each image to learn more.

I Think I Qualify

1.) Have a Qualifying Relative

You must have a qualifying relative who is a U.S. citizen or permanent resident. This is usually a spouse.

QR 4KtQ

2.) File an I-130 Form

You must have a completed I-130 form on file with USCIS before you can apply for a waiver. An I-130 form shows that you are the immediate relative of a citizen or resident and qualify for a green card.

For more information on this, see our AOS page.

Signing Form - 4KtQ

3.) Show Extreme Hardship

Your application must show that your qualifying relative (probably your spouse) will suffer extreme hardship if you have to leave the U.S. for more than a short time.

Extreme hardship is a legal term that means more than just missing you. It can include things like being unable to deal with an illness, needing to care for family members who have illnesses, or no longer being able to work. There are many examples of extreme hardship. An attorney can help you identify which one you'll use.

Ex Hardship 4KtQ

4.) Verify that you're eligible

Talk to an attorney about your criminal record, if you have one. Some offenses might mean you need another, different waiver. An attorney will also need to verify when you entered the United States and how long you stayed each time to make sure that you're eligible for a green card.

Lock 4KtQ

1.) Have a Qualifying Relative

You must have a qualifying relative who is a U.S. citizen or permanent resident. This is usually a spouse.

QR 4KtQ

2.) File an I-130 Form

You must have a completed I-130 form on file with USCIS before you can apply for a waiver. An I-130 form shows that you are the immediate relative of a citizen or resident and qualify for a green card.

For more information on this, see our AOS page.

Signing Form - 4KtQ

3.) Show Extreme Hardship

Your application must show that your qualifying relative (probably your spouse) will suffer extreme hardship if you have to leave the U.S. for more than a short time.

Extreme hardship is a legal term that means more than just missing you. It can include things like being unable to deal with an illness, needing to care for family members who have illnesses, or no longer being able to work. There are many examples of extreme hardship. An attorney can help you identify which one you'll use.

Ex Hardship 4KtQ

4.) Verify that you're eligible

Talk to an attorney about your criminal record, if you have one. Some offenses might mean you need another, different waiver. An attorney will also need to verify when you entered the United States and how long you stayed each time to make sure that you're eligible for a green card.

For more information on this, see our AOS page.

Lock 4KtQ

Get Even More Information

BKR Line - Dark

Applying for a waiver means dealing with new terms such as "qualifying relative" and "extreme hardship." It also means starting a months-long legal journey. It's good to be prepared. Contact us below to schedule a consultation and confirm your eligibility!

 

We Can Help

BKR Line - Light 2

Most initial consultations about the waiver are free. Let us know when you'd like to meet with an attorney.

Get Even More Information Files

Meet with BKR Law

Tell us a bit about your situation and when you'd like to meet with the attorney. Someone will be in touch to schedule an appointment.