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You can only seek a provisional unlawful presence waiver if you are an immediate relative (spouse, child, parent, or widow/widower) of a U.S. citizen, you are or will be inadmissible solely because of your unlawful presence in the United States, and you have an immigrant visa case pending with the Department of State ...
The I-601 application will require a written statement from the applicant explaining the specific grounds that the alien believes makes them inadmissible. Applicants should describe any criminal convictions, medical conditions, immigration violations, etc. and provide necessary documentation where needed.
This will be a lengthy process (average processing time for Form I-601 is between 31.5 and 34 months), and all applications for waivers are carefully reviewed, so make sure you are accurate and complete about the information you submit.
How to Write a Waiver Letter for Immigration? Ensure that your grounds for requesting a waiver are valid as per their requirements. Do not make your letter emotional; stick to clear facts to support your request. Do not write about anything that is not directly relevant to your request.
Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return.