Who can apply under the new rulefor Family Unity During the Immigration Waiver Process?

Only applicants who are the immediate relative of a US citizen (spouses, parents and certain children) can apply at this time, though the rule may later be expanded to other relatives. The applicant must be in the United States, and not already have been scheduled for an interview at a US consulate. Also, the provisional waiver is only available if the sole issue holding up the visa is prior unlawful presence. People who are in immigration court or who have an order of removal or voluntary departure may not qualify without special permission from the government and a court order resolving their case. Applicants who have criminal issues or other immigration violations cannot use the provisional procedures. Each applicant still must show that keeping them outside the US would be an extreme hardship to their US citizen or permanent resident spouse or parent to be granted the wavier.