What Happens If My Provisional Unlawful Presence Waiver is Approved?

Tuesday, May 23, 2017 | Last Updated: September 15, 2015
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Provisional Unlawful Presence Waivers

What Happens When Unlawful Presence Waivers are Approved

The Ranchod Law Group Offices in Sacramento California are dedicated to the assistance of individuals on a number of immigration issues which rang from marriage green cards to employment based immigration, but our ficus is on I-601 Waivers and provisional unlawful presence waivers. Many Clients we receive at our Sacramento office express concern and apprehension when we discuss what happens once an individual’s I-601A application for a provisional unlawful presence waiver is approved

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A surprising question we received at our Sacramento office is what happens once an individual’s I-601A application for a provisional unlawful presence waiver is approved.

After all, it may be the goal of many applicants to secure the waiver so that they will not be barred from reentering the U.S. for up to a ten-year period. However, many individuals may not realize what happens next after their waivers are approved. So it may come as a shock that they will in fact need to pack their bags and depart the country despite being approved for the waiver.

Attending Your Visa Interview Abroad

After the USCIS approves an I-601A application, it will notify the National Visa Center (NVC) of its decision. The NVC will then send you documentation setting up a visa interview usually at your home country.

You will not be able to schedule a visa interview in the U.S. and you must depart the country to participate in the interview. However, the benefit of having the provisional unlawful presence waiver is that you will be allowed to reenter the U.S. following the interview even if a bar to reentry would have previously applied.

If you don’t leave the U.S. to attend the interview, your provisional unlawful presence waiver will not take effect and it may no longer be considered valid.

What Happens if My I-601A is Denied

If your provisional unlawful presence waiver is denied, you still have a couple options:

  • Reapply for the Waiver in the U.S. Your application may have been denied for a variety of reasons not having to do with your basic ineligibility for the waiver. For example, you may have failed to provide evidence proving an extreme hardship or you may have made other mistakes in the application. In this case, you may want to work with a hardship waiver attorney in Sacramento to help you complete a new I-601A waiver application.
  • Leave the Country and Apply for an I-601 Waiver. Another option may be to leave the U.S. and attend your visa interview abroad without any guarantee that you can reenter the U.S. immediately. You can then apply for an I-601 waiver for any reasons barring your entry to the U.S. You will want to talk to any attorney before taking this step

Contact a Hardship Waiver Attorney

The Ranchod Law Group

If you are applying for a provisional unlawful presence waiver and you have a question regarding approval or denial of the waiver, you should contact an experienced hardship waiver attorney at the Ranchod Law Group. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance on I-601A waivers.
The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com