Green Cards for Relatives of Citizens or Residents

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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.

An Easier Way to Get a Green Card

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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

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.

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.

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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.

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An Opportunity That Changes Lives

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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

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.

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.

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.

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.

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.

2.) File an I-130 Form

For more information on this, see our AOS page.

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.

4.) Verify that you're eligible

For more information on this, see our AOS page.

Get Even More Information

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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!

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The
Provisional Waiver

KEEP YOUR FAMILY TOGETHER AND IN THE U.S.

Note: You May Need a Different Type of Waiver