Comprehensive Overview of Immigration Law (COIL) Practice Exam

What must Delia demonstrate to qualify for a provisional waiver regarding her unlawful presence?

1. Evidence of no prior immigration violations

2. Extreme hardship to her USC spouse or parent if denied

3. Current employment status in the U.S.

4. Proof of citizenship of her spouse

The correct answer is: Extreme hardship to her USC spouse or parent if denied

To qualify for a provisional waiver regarding unlawful presence, Delia must demonstrate extreme hardship to her U.S. citizen spouse or parent if her waiver application is denied. This requirement is central to the provisional waiver process, as it allows the U.S. government to consider the significant implications of separation on U.S. citizens when evaluating waiver applications. The notion of "extreme hardship" encompasses various factors, including emotional, financial, and logistical challenges that the citizen family member might face. The focus on the impact on the U.S. citizen spouse or parent underlines the humanitarian aspect of U.S. immigration law, where the hardships of U.S. citizens are a priority in assessing a waiver for someone who has accrued unlawful presence in the country. Thus, meeting this requirement can help Delia strengthen her case for the waiver, making it a pivotal factor in the application process.