USCIS has confirmed during the public engagement earlier today that the agency will use its current guidance in deciding whether to refer the case to ICE for removal proceedings if the waiver application request is denied. Consistent with Department of Homeland Security enforcement priorities, DHS does not envision initiating removal proceedings against aliens or referring aliens to ICE whose provisional unlawful presence waiver applications have been approved.
Consistent with its civil enforcement priorities, DHS has stated that an individual whose request for a provisional unlawful presence waiver is denied or who withdraws the waiver request prior to final adjudication will typically be referred to ICE only if he or she is considered a DHS enforcement priority — that is, if the individual has a criminal history, has committed fraud, or otherwise poses a threat to national security or public safety.
DHS will not permit capture of biometrics abroad, because the Form IA process is a domestic process that applies only to aliens who are present in the United States at the time of filing. Therefore, you have to be physically present in the U. No, in accordance with the new rule, a provisional unlawful presence waiver is automatically revoked if the alien, at any time before or after the approval of the provisional unlawful presence waiver, or before the immigrant visa is issued, reenters or attempts to reentered the United States without being admitted or paroled.
We recommend that you consult with an immigration attorney experienced in inadmissibility waiver process before you apply. Careful review of your case will help determine whether you qualify for the new process or whether any additional grounds of inadmissibility apply. Our office has extensive experience focused on various waivers of inadmissibility.
Our attorneys will help you determine whether provisional waiver processing is the best solution for your immigration case. Feel free to contact our office for your initial consultation and waiver eligibility assessment. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.
Schedule a Consultation Sapochnick Home. Schedule a Consultation Phone: Where should I file my IA provisional waiver application? However, some applicants might only discover their inadmissibility status during their Green Card or immigrant visa interview.
If that's the case, then the waiver might be available to assist you with handling your application, providing the applicant with more time to submit their waiver request. New to the U. Subscribe to our newsletter, Arrive, for newcomer news and guides to decoding life in the U. Processing times for I waiver applications depends on several factors involved with the filing process, including the filing location, as well as the difficulty level required with assessing and reviewing the application.
Some offices of the U. The difficulty level involved with reviewing and processing your case is also a factor. The USCIS receives your information and then waits for an official reply from government officials before making the final decision involved with your waiver request. However, based on the immigration lawyer's experiences with filing the necessary waiver documents, we find that most applicants receive a response on their application within four to six months.
If you have any concerns about what's taking the USCIS so long with processing your application, you can reach out to the customer service number. When calling, you'll need to provide a customer service agent with your case number, which applicants can find on their I receipt notice. However, immigration lawyers experienced in the process note that most applicants receive action on their case within 6 to months after filing. In some cases, it may take longer than a year, depending on the supporting documents or requests or information needed by the USCIS.
There are specific grounds of inadmissibility that the U. Individuals involved with the persecution or genocide of others, or those that make false claims to obtain lawful permanent resident status U. Applicants need to carefully examine all the grounds for inadmissibility listed on the I.
The comprehensive list details all of the grounds of inadmissibility, allowing applicants to check if they meet the terms required for filing the Form I waiver. Applicants should enlist the services of a licensed and experienced immigration attorney when handling their application.
An immigration attorney can assist with the paperwork and filing process, improving the chances of a positive outcome with your request. To qualify for filing Form I during the Green Card or visa process, applicants must check the USCIS website, and see if they fall into one of the following immigration categories. However, applicants need to note that merely fitting into one of the above categories does not ensure you are eligible to file Form I Applicants also need to ensure that there are waivers available in their specific category as well.
If they feel that the applicant might be hiding something not discovered in the application proves, to claim an immigration benefit, they can still deny the applicant their waiver approval by citing immigration fraud as a concern. Therefore, applicants need to submit the correct forms and paperwork, but they also need to provide documents from authoritative sources that back up their statements.
If denied, you may be able to appeal the decision or file a motion to reopen or reconsider the decision Form IB. Most waivers are valid indefinitely. However, it is only valid for the actions or events listed in your application. If you have any others, you will need to file for a new waiver. Some waivers are conditional or temporary, so refer to the Form I instructions for more information. Form IA is a standalone application, so you cannot file Form IA with any other applications, petitions, or requests for immigration benefits.
USCIS may also require that you appear for an interview or provide fingerprints, photograph, or signature at any time to verify your identity, obtain additional information, and conduct background and security checks. This can include an FBI criminal history record check. The Form IA instructions provide detailed information on what to submit as evidence. One of the key criteria is proving that if the waiver is not granted, your U. The qualifying relative does not need to be the relative who filed the immigrant visa petition, but he or she must be your U.
No other direct relatives are considered for this extreme hardship, even if, for example, your brother is sponsoring your green card and would suffer extreme hardship. It must be your spouse or parents, if you are unmarried. Once you have collected all the evidence and required documentation, you can file the form in the mail or use your USCIS online account. USCIS will then process your application, request biometrics, and might ask for an interview, before informing you of the outcome of your application.
The average processing time for Form IA is between 8. Make sure you carefully read the section of the Form IA instructions about your immigration status when applying for this waiver.
Note: USCIS says that the filing or approval of an application for a provisional unlawful presence waiver does not affect your current immigration status in the United States. If your waiver is approved, you may then leave to return to your country of origin and apply for your green card through consular processing. The waiver will need to be submitted by you with your green card application, as proof that the 3- or year ban does not apply.
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