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The new provisional unlawful presence waiver effective March 4, 2013, would allow the immediate relative of an immigrant petitioner to remain in the U.S. while USCIS adjudicates his or her waiver request. This would allow applicants to remain with their families and will reduce the amount of time that U.S. citizens are separated from immediate relatives during the legalization process. This waiver is available to a parent, spouse, or child of a U.S. citizen who would trigger a three or ten year bar from the country for unlawful presence. The key factor is proving hardship for the US citizen if the waiver were denied. Any type of waiver is complicated and should not be attempted alone. Contact an attorney today to learn about your legal rights and options.