A Provisional Waiver Lawyer Suffolk County helps you apply for a waiver of unlawful presence under INA § 212(a)(9)(B) before leaving the US for consular processing. Law Offices Of SRIS, P.C. has handled 4,739+ documented case results firm-wide, providing case-specific guidance for Suffolk County residents.
Last verified: April 2026 | Suffolk County Supreme Court | Suffolk County Supreme Court
Statutory Definition of Provisional Waiver
A provisional unlawful presence waiver, under INA § 212(a)(9)(B), allows certain immediate relatives of US citizens to apply for a waiver of the 3- or 10-year bar before departing the United States for their immigrant visa interview. This process is governed by the Immigration and Nationality Act (8 U.S.C. § 1182) and USCIS regulations. A Provisional Waiver Lawyer Suffolk County can guide you through this complex process.
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- Determine your eligibility for a provisional waiver based on your relationship to a US citizen and the qualifying relative.
- File Form I-130, Petition for Alien Relative, with USCIS to establish your qualifying relationship.
- Once the I-130 is approved, file Form I-601A, Application for Provisional Unlawful Presence Waiver, with USCIS.
- Provide evidence of extreme hardship to your US citizen spouse or parent if you are denied admission.
- Receive a decision on your I-601A before departing the US for your consular interview.
- Attend your immigrant visa interview at the US consulate abroad after the waiver is approved.
In Suffolk County, a provisional unlawful presence waiver carries the potential to avoid a 3- or 10-year bar, allowing you to reunite with your family in the US.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Unlawful Presence (3-year bar) | INA § 212(a)(9)(B)(i)(I) | N/A | N/A | N/A | 3-year bar from re-entry after departure |
| Unlawful Presence (10-year bar) | INA § 212(a)(9)(B)(i)(II) | N/A | N/A | N/A | 10-year bar from re-entry after departure |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results
SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is a provisional unlawful presence waiver?
Yes, it is a waiver under INA § 212(a)(9)(B) that allows certain immediate relatives of US citizens to apply for a waiver of the 3- or 10-year bar before leaving the US for their immigrant visa interview.
Who is eligible for a provisional waiver?
Yes, you are eligible if you are an immediate relative of a US citizen (spouse, parent, or child under 21) and can demonstrate extreme hardship to that qualifying relative if you are denied admission.
Where is the immigration court for Suffolk County, New York?
Removal proceedings at New York Immigration Court, 26 Federal Plaza, Manhattan, or Varick Street Immigration Court. USCIS NYC Field Office at 26 Federal Plaza handles affirmative applications. NY has strong sanctuary policies limiting cooperation with ICE enforcement.
How long does the provisional waiver process take?
It depends. USCIS processing times for Form I-601A vary, but current estimates range from 12 to 18 months. The entire process, including I-130 approval, can take 2-3 years.
Can I apply for a provisional waiver if I am in removal proceedings?
No, you are generally not eligible for a provisional waiver if you are in removal proceedings. You may need to seek other forms of relief, such as cancellation of removal or a waiver through the immigration court.