--- title: Green Cards for Relatives of Citizens or Residents description: The provisional waiver program allows certain undocumented immigrants to apply for green cards without having to first leave the U.S. image: https://www.bkrlaw.com/hubfs/The%20Provisional%20Waiver.jpg --- # The Provisional Waiver #### ![BKR Line - Dark](https://www.bkrlaw.com/hs-fs/hubfs/Website/Website%20Elements/BKR%20Line%20-%20Dark.png?width=251&name=BKR%20Line%20-%20Dark.png) KEEP YOUR FAMILY TOGETHER AND IN THE U.S.     ![stop](https://www.bkrlaw.com/hs-fs/hubfs/stop.png?width=200&name=stop.png)   #### **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](https://www.bkrlaw.com/provisionalwaiver#contact-us) ### **WATCH NOW:** ### Is it true that if you can't apply for an immigration benefit if you entered the country illegally? ![BKR Line - Red](https://www.bkrlaw.com/hs-fs/hubfs/Website/Website%20Elements/BKR%20Line%20-%20Red.png?width=251&height=16&name=BKR%20Line%20-%20Red.png)   ## An Easier Way to Get a Green Card ![BKR Line - Light 2](https://www.bkrlaw.com/hs-fs/hubfs/Website/Website%20Elements/BKR%20Line%20-%20Light%202.png?width=251&name=BKR%20Line%20-%20Light%202.png) 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. ![Slide 1](https://www.bkrlaw.com/hs-fs/hubfs/Slide%201.png?width=800&name=Slide%201.png)   ![Slide 2](https://www.bkrlaw.com/hs-fs/hubfs/Slide%202.png?width=800&name=Slide%202.png)   ![Slide 3](https://www.bkrlaw.com/hs-fs/hubfs/Slide%203.png?width=800&name=Slide%203.png)   ![Slide 4](https://www.bkrlaw.com/hs-fs/hubfs/Slide%204.png?width=800&name=Slide%204.png)   ![Slide 5](https://www.bkrlaw.com/hs-fs/hubfs/Slide%205.png?width=800&name=Slide%205.png)   ![Slide 6](https://www.bkrlaw.com/hs-fs/hubfs/Slide%206.png?width=800&name=Slide%206.png)   ![Slide 7](https://www.bkrlaw.com/hs-fs/hubfs/Slide%207.png?width=800&name=Slide%207.png)   ![Slide 8](https://www.bkrlaw.com/hs-fs/hubfs/Slide%208.png?width=800&name=Slide%208.png)   ![Slide 9&10](https://www.bkrlaw.com/hs-fs/hubfs/Slide%209%2610.png?width=1200&name=Slide%209%2610.png)   ![Slide 11&12](https://www.bkrlaw.com/hs-fs/hubfs/Slide%2011%2612.png?width=1200&name=Slide%2011%2612.png)   [GET STARTED: Schedule an Appointment](https://www.bkrlaw.com/provisionalwaiver#contact-us) ![take 3 distinct steps](https://www.bkrlaw.com/hs-fs/hubfs/take%203%20distinct%20steps.png?width=324&height=250&name=take%203%20distinct%20steps.png "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](https://no-cache.hubspot.com/cta/default/9102713/b681528d-b859-4a39-b277-7a2ea3f996a5.png)](https://cta-redirect.hubspot.com/cta/redirect/9102713/b681528d-b859-4a39-b277-7a2ea3f996a5) ![marriage](https://www.bkrlaw.com/hs-fs/hubfs/marriage.png?width=369&height=285&name=marriage.png "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](https://www.bkrlaw.com/provisionalwaiver#learn-more) ![away from family](https://www.bkrlaw.com/hs-fs/hubfs/away%20from%20family.png?width=369&height=285&name=away%20from%20family.png "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](https://www.bkrlaw.com/provisionalwaiver#get-a-guide) ![waiting](https://www.bkrlaw.com/hs-fs/hubfs/waiting.png?width=396&height=250&name=waiting.png "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](https://www.bkrlaw.com/provisionalwaiver#see-testimonials) ![americanfamily](https://www.bkrlaw.com/hs-fs/hubfs/americanfamily.png?width=247&height=250&name=americanfamily.png "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](https://www.bkrlaw.com/provisionalwaiver#contact-us) ### An Opportunity That Changes Lives ![BKR Line - Light 2](https://www.bkrlaw.com/hs-fs/hubfs/Website/Website%20Elements/BKR%20Line%20-%20Light%202.png?width=251&name=BKR%20Line%20-%20Light%202.png) 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](https://no-cache.hubspot.com/cta/default/9102713/c63aebdb-de21-4d2e-a08b-b0e2657e545b.png)](https://cta-redirect.hubspot.com/cta/redirect/9102713/c63aebdb-de21-4d2e-a08b-b0e2657e545b) ## **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](https://no-cache.hubspot.com/cta/default/9102713/3c6547b5-be58-4678-b312-f25870103800.png)](https://cta-redirect.hubspot.com/cta/redirect/9102713/3c6547b5-be58-4678-b312-f25870103800) #### **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](https://www.bkrlaw.com/hubfs/QR%204KtQ.jpg) #### **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](https://www.bkrlaw.com/hubfs/Signing%20Form%20-%204KtQ.jpg) #### **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](https://www.bkrlaw.com/hubfs/Ex%20Hardship%204KtQ.jpg) #### **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](https://www.bkrlaw.com/hubfs/Lock%204KtQ.jpg) #### **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](https://www.bkrlaw.com/hubfs/QR%204KtQ.jpg) #### **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](https://www.bkrlaw.com/hubfs/Signing%20Form%20-%204KtQ.jpg) #### **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](https://www.bkrlaw.com/hubfs/Ex%20Hardship%204KtQ.jpg) #### **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](https://www.bkrlaw.com/hubfs/Lock%204KtQ.jpg) ### Get Even More Information ![BKR Line - Dark](https://www.bkrlaw.com/hs-fs/hubfs/Website/Website%20Elements/BKR%20Line%20-%20Dark.png?width=251&name=BKR%20Line%20-%20Dark.png) ###### 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](https://www.bkrlaw.com/hs-fs/hubfs/Website/Website%20Elements/BKR%20Line%20-%20Light%202.png?width=251&name=BKR%20Line%20-%20Light%202.png) 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](https://www.bkrlaw.com/hs-fs/hubfs/Website/Waiver%20and%20U%20Visa%20Pictures/Get%20Even%20More%20Information%20Files.jpg?width=1259&height=1280&name=Get%20Even%20More%20Information%20Files.jpg) ## 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.  ```json { "@context" : "https://schema.org", "@type" : "VideoObject", "contentUrl" : "https://9102713.fs1.hubspotusercontent-na1.net/hubfs/9102713/Website%20Videos/Qualifying%20Waiver%20_YT.mp4", "dateModified" : "2024-11-11T13:38:48.189Z", "duration" : "PT42S", "height" : 1080, "name" : "Qualifying Waiver _YT", "thumbnailUrl" : "https://9102713.fs1.hubspotusercontent-na1.net/hubfs/9102713/Website%20Videos/Qualifying%20Waiver%20_YT.mp4/medium.jpg?t=1731332328189", "uploadDate" : "2024-11-11T13:38:48.183Z", "width" : 1920 } ```