Immigration resource site of the Law Offices of Peter A. Kim

More on Provisional Waivers

Something to consider before applying for a provisional waiver:

Although it is open to anyone who has an approved immediate relative petition (Spouse, Parent, Child under 21 of U.S. Citizen), the extreme hardship must fall on a Qualifying Relative that must either be a U.S. Citizen Spouse or Parent only.

The hardship cannot be on a U.S. Citizen Child for the purposes of the Provisional Waiver.

This was anticipated from the start, but deserves clarification because the eligibility requirements allow all immediate relatives to apply, but then restricts the hardship to U.S. Citizen Spouses and Parents only. 

Let’s hope USCIS relaxes this rule to include hardship to U.S. citizen children in the future.