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There are many pathways to permanent residence in the United States. For most prospective immigrants to the this country, such routes or methods may include marriage to a US Citizen or getting to the US on a Fiancee Visa, securing employment in the US, a grant of asylum or refugee status, etc.

Each of these methods can easily become complicated and unattainable without the assistance of an experienced and knowledgeable Immigration attorney there to guide the prospective Immigrant every step of the way. THIS POINT CANNOT BE OVER-EMPHASIZED.

What happens if you initially entered the US “without inspection” (that is, illegal entry into the US, without authorization from Immigration authorities, through issuance of a visa or other legally-acceptable means), then some years later marry a US Citizen?

Well, you will have more hoops to jump before you can secure Adjustment of Status to become a US permanent resident, which is usually the “fruit” of an alien’s marriage to a US Citizen spouse. One such major hurdle involves getting a “Waiver”.

What happens when US Immigration authorities decide, for any reason, that an alien has to be removed from the country? The entire process starts with the targeted alien being issued or served with a document known as the Notice to Appear (NTA). Many prefer to call it the “Notice That Makes You Want to Disappear!” For anyone deemed to be in the US illegally, it is no ordinary piece of paper. Usually referred to by its official Form name, “I-862”, the Notice to Appear (NTA) is used by Immigration authorities, that is, the Immigration and Customs Enforcement (ICE) unit of the Department of Homeland Security (DHS), to initiate removal proceedings against persons it deems to be in the United States illegally or without valid approval.

Prior to the President’s address on November 20, 2014, under the original provisional waiver application process, only spouses, parents and minor children of U.S. citizens could be beneficiaries of a provisional waiver application. • Under the expanded version announced by the President, beneficiaries in the waiver process have been expanded to include spouses, sons or daughters of lawful permanent residents, in addition to the spouses, minor children, parents, sons and daughters of US Citizens.

The Provisional Waiver of Unlawful Presence is submitted on Form I 601 A and only a thorough preparation of the application will ensure approval. It is one of the hardest applications to get approved by the USCIS.