When did Provisional waiver start?
When did Provisional waiver start?
On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.
Who qualifies for I 601A waiver?
Typically, you can use Form I-601A to file for a waiver if: You are physically present in the United States. You are at least 17 years of age at the time of filing. Have an immigrant visa case pending with the U.S. Department of State.
How long does it take for an immigration waiver to get approved?
4 to 6 months
In terms of processing times, USCIS and DOS are coordinating closely to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. Generally, it takes 4 to 6 months to process an I-601A waiver application.
What is considered unlawful presence?
According to section 212(a)(9)(B)(ii) of the INA, you accrue unlawful presence if: You are present in the United States without being admitted or paroled; or. You have remained in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security (the Secretary).
Is there a waiver for 212 A )( 7 )( A )( i )( I?
There is no nonimmigrant waiver for 212(a)(7)(A).
What happens after a provisional unlawful presence waiver is approved?
The provisional waiver process does not change the immigrant visa process. Even if your provisional unlawful presence waiver is approved, you are still required to depart the United States to process your immigrant visa at a U.S. Embassy or U.S. Consulate abroad.
When do you need a waiver of inadmissibility?
Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212 (a) (9) (B) of the Immigration and Nationality Act before they can return.
Can I apply for an unlawful presence waiver if I-601A?
If you are in removal proceedings, you are ineligible for a provisional unlawful presence waiver unless, at the time you file your Form I-601A, your proceedings are administratively closed and have not been put back on the Department of Justice, Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings.
Can you enter the US with an unlawful presence bar?
If one or more of the unlawful presence bars applies to you, you generally cannot obtain a visa from the U.S. Department of State, enter the United States at a port of entry, or obtain an immigration benefit such as adjustment of status (Green Card) in the United States without first obtaining a waiver or another form of relief.
