Provisional Waiver

Aggie Hoffman

Can I apply for a provisional waiver? If ever I applied and will be approved, can I come back anytime? I overstayed my tourist visa. I am married but my husband and children are still in the Philippines. I’ve been here in U.S. for 10 years now but I have an approved 4th preference non-immediate family category petition. I am waiting for TPS too. I appreciate it if you can give me some clarification on this.

A provisional waiver is only for spouses or parents of US citizens. You do not qualify since you are not an immediate relative. Neither will TPS, if it is granted, will benefit your situation. Under current law, I am sorry to say, you are not eligible for adjustment of status; you will need to leave the US to be processed for your green cards in the Philippines, and you will be inadmissible for 10 years.

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