Citizen After a Visa Overstay. To be eligible for a provisional unlawful presence waiver through a family-based petition, you must meet ALL of the following conditions:. Generally, you are not eligible for a provisional unlawful presence waiver if you are in removal proceedings or have a final order of removal, exclusion, or deportation.
However, making a request is much more complicated than preparing a form. This is not a do-it-yourself process. We highly recommend obtaining the assistance of an experienced immigration attorney to help you through the process. Remember, you are also disclosing your name and address to the government while also admitting that you have been in the United States unlawfully. The potential benefits of the IA waiver are significant enough to take the risk provided that you have a well-prepared case that is likely to be approved.
That processing time has more than doubled over the last five years. The IA waiver for unlawful presence is a great strategy to reduce the time burden that many U. However, the waiver itself does not provide lawful status, employment authorization, or protection from deportation. Immigrants with multiple grounds of inadmissibility to the U. There is a different waiver process Form I that requires a wait outside the U. If you apply for the IA waiver despite these other obstacles, you risk deportation and losing your application fee.
It is always best to use an attorney to prepare your application for a waiver. An experienced immigration attorney can help you identify potential problems and prepare a case that will improve your chances of getting a green card. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. I Petition for Alien Relative.
I Application for Travel Document. There's an important waiver available to inadmissible immigrants, meant to promote family unity and reduce the uncertainty and risk that came with the old waiver application method. Essentially, the waiver, called the "provisional" or "stateside" waiver, allows people immigrating as relatives of U. It has been in effect since Before that, applicants had no choice but to attend the consular interview with no sense of whether their waiver might be granted, and therefore risk getting trapped outside the U.
The IA provisional waiver is meant to deal with one, and only one ground of inadmissibility found within U. The ground in question says that an applicant who has, after the age of 18, accrued unlawful presence in the U.
Green card applicants can, however, be found inadmissible for a variety of other reasons, such as commission of crimes, fraud, or immigration violations; health problems; likelihood of becoming public charges needing government assistance ; and so on. The provisional waiver cannot be used to deal with any of these, and you cannot get one if you are inadmissible on some basis other than unlawful presence. You will instead need to seek a traditional waiver on Form I instead, and attend your consular interview before applying or getting an answer.
Before the provisional waiver option became available, the only procedural choice for visa applicants who had accrued too much unlawful presence in the U. This process can take many months, leading to long periods of family separation even in cases where the waiver was ultimately approved. And if the waiver is denied, the applicant has to wait out the required three or ten years before returning to the U. The newer, provisional waiver lets immigrating family members of U.
Keep reading on for information about what to do if your provisional waiver application is denied. USCIS provides no appeals process for denials of applications for a provisional unlawful presence waiver. Similarly, the agency will not accept a request to reopen a case or a request that it reconsider its decision. Therefore, it is crucial that you submit a complete application the first time around.
Even if you receive a denial from USCIS, you are not barred from applying for a provisional waiver again if your immigrant visa application is still pending in other words, no decision has yet been made on it.
You may submit a new provisional waiver application with the same fees you paid the first time if you have new information to support your request and to show that denying you admission to the U. Reapplying might be a good option if there is a change in your situation that shows that your U. For example, if your U. Or, if your U. However, if you will simply be resubmitting the same information, don't bother unless you have found an attorney who will help you organize and present it in a more compelling manner.
If you want to continue with the visa application process even after your waiver denial, you may leave the U. However, be aware that if this waiver is denied, you risk a lengthy separation from your U. Section a 9 B. If USCIS denies your provisional waiver application, you may decide to abandon your immigrant visa application and do nothing at all. However, it is possible, if you are living in the U.
There might be other options available to you at that time, such as applying for cancellation of removal.
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