Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview.

On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.

Aliens who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return.

Typically, these aliens cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States.

The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa—immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees—who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview.

This new process was developed to shorten the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while those relatives are obtaining immigrant visas to become lawful permanent residents of the United States.

The expansion of the provisional unlawful presence waiver process does not affect the continued availability of the Form I-601 process: Individuals who do not wish to seek or do not qualify for a provisional unlawful presence waiver can still file Form I-601, Application for Waiver of Grounds of Inadmissibility, after a DOS consular officer determines that they are inadmissible to the United States.

In Nevada, as in all states, the federal regulation regarding provisional unlawful presence waivers applies uniformly. Since March 4, 2013, immediate relatives of U.S. citizens who require a waiver for unlawful presence to obtain an immigrant visa have been able to apply for this waiver before leaving the U.S. for their consular interview. This process was expanded on August 29, 2016, to include all individuals eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence. The purpose of the provisional waiver is to reduce the time of separation between U.S. citizens or lawful permanent residents and their relatives who are in the process of obtaining immigrant visas. Those who accrue more than 180 days of unlawful presence in the U.S. and are ineligible to adjust their status within the country must travel abroad for an immigrant visa and require a waiver for reentry. The provisional waiver allows them to apply for this waiver before their departure. It's important to note that this does not replace the standard Form I-601 process, which remains available to those who either do not qualify for or do not wish to pursue the provisional waiver.