Living without legal papers in the U.S. isn’t just risky—it puts your entire family in a difficult position. A Provisional Waiver gives certain undocumented immigrants the opportunity to fix their immigration status without being forced into long-term separation from their families. At Orange Law Firm, Attorney Karan Joshi helps families in Houston and beyond apply for this waiver with care and precision.
What Is a Provisional Waiver?
A Provisional Waiver—also known as a stateside waiver—allows certain individuals to apply for a waiver of their unlawful presence while still inside the United States. Without this waiver, anyone who has been in the U.S. without legal status for over 180 days could be barred from returning for 3 or 10 years after leaving for a green card interview abroad.
This waiver was created to keep families together and prevent long-term disruption. Instead of waiting years in another country, applicants who are granted a Provisional Waiver can complete their green card process abroad and return in a much shorter time.
Why It Matters for Families
Before this waiver existed, many immigrants had no option but to leave the country and take their chances abroad. The uncertainty around reentry made the process emotionally and financially difficult for families. Today, with the Provisional Waiver, it is possible to get conditional approval from U.S. Citizenship and Immigration Services (USCIS) before departing the country.
This reduces the time spent away to just weeks in many cases.
Fixing your immigration status while staying close to your loved ones is a chance worth pursuing—and it requires the right legal approach.
Who Is Eligible?
To apply for a Provisional Waiver, you must:
- Be physically present in the United States
- Be at least 17 years old
- Have an approved immigrant visa petition (typically filed by a U.S. citizen or lawful permanent resident spouse or parent)
- Show that denial of the waiver would result in extreme hardship to your U.S. citizen or green card-holding spouse or parent
Extreme hardship may include serious financial burdens, major health conditions, or emotional tolls that go beyond the normal impact of separation. It’s not enough to say you’ll miss each other—your evidence must show deeper consequences.
Who Is Not Eligible?
The Provisional Waiver does not solve all immigration problems. You may not qualify if:
- You’ve been convicted of certain crimes
- You have a prior removal order
- You submitted false documents or committed immigration fraud
- You have other violations on your record that are not related to unlawful presence
These issues can lead to denial or complications. That’s why it’s critical to speak with an immigration lawyer in Houston before submitting any paperwork. A qualified attorney can review your history and help you avoid serious mistakes.
What You’ll Need for a Strong Application
Filing a Provisional Waiver involves more than just filling out Form I-601A. You’ll need to:
- Prove you meet all eligibility requirements
- Gather documents to support your hardship claim, such as medical records, psychological evaluations, tax returns, and expert letters
- Submit a clear and complete waiver package to USCIS
- Prepare for your visa interview abroad
Even after the waiver is approved, you must still attend a consular interview in your home country. That step cannot be skipped, but the good news is that the wait time outside the U.S. is often much shorter than it used to be.
Common Mistakes That Can Delay or Deny Your Case
One of the most common reasons a Provisional Waiver gets denied is weak evidence of hardship. Simply saying your spouse will be sad or stressed is not enough. You need to prove how their life would be seriously impacted—emotionally, financially, and medically.
Another major error? Filing without a lawyer. Immigration paperwork is complex and unforgiving. A single error or missing form can derail the entire process. With help from an experienced immigration lawyer in Houston, you can build a strong and complete case.
Why Work with Orange Law Firm?
Attorney Karan Joshi at Orange Law Firm has guided many Houston families through the Provisional Waiver process. He understands how stressful it can be to face uncertainty about your immigration status, especially when children, aging parents, or a household depend on you.
When you work with our firm, you don’t just get legal paperwork—you get strategic guidance, clear communication, and strong representation every step of the way.
Don’t Risk Separation—Act Now
Your family’s future should not be put on hold. If you qualify for a Provisional Waiver, this could be your chance to secure lawful immigration status and avoid a lengthy stay abroad.
Call 713-885-9787 today to schedule a consultation with Attorney Karan Joshi
Visit orangelaw.us to learn more about how we can help
Fixing your immigration status isn’t easy, but it’s possible. The Provisional Waiver gives you a second chance without sacrificing the people who matter most. Let Orange Law Firm stand by your side and guide you through the process with care and precision.
