Mythbusting Provisional Unlawful Presence Waivers
Author: The Ranchod Law Group
Five Myths on Provisional I-601A Unlawful Presence
- Lawful Immigration Status. Approval of your provisional unlawful presence waiver does not affect your current immigration status. Although if your waiver and Immigrant Visa do get approved it will ultimately result in obtaining permanent residency. While your waiver application is pending, it does not give you any rights to remain in the country, work in the country, or other rights regarding your status.
- Travel Rights. The provisional unlawful presence waiver is distinct from advance parole and does not give you any general travel privileges. If your waiver and Immigrant Visa get approved and you obtain your green card you can travel using your green card.
- Protection From Removal. If you are going through removal proceedings, filing the unlawful presence waiver will not stop the removal process nor will it prevent you from being deported. Although, if you are in removal proceedings and your case is administratively closed you may be able to apply for an I-601A waiver. You should consult a qualified I601 attorney to discuss this issue.
- Visa Interview Abroad. You still must leave the U.S. to attend your visa interview abroad. The I601A waiver, if approved would allow you to reenter the U.S. following a successful interview.
- Guaranteed Visa or Admission to the U.S. You are not guaranteed an immigrant visa or even entry to the U.S. if you are approved for a provisional unlawful presence waiver. The provisional waiver waives one ground of inadmissibility (unlawful presence). Thus, if you entered the Unites States without a visa and are married to a US citizen an I601A waiver would waive your illegal entry (unlawful presence). However, if you have have another immigration violation such as use of fraudulent documents, an I-601A waiver would not resolve these issues. Even if you are not eligible for the new I601A waiver you could be eligible for the traditional I-601 waiver or other types visa waivers depending upon your own unique circumstances.
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