Provisional Waivers

Before provisional waivers came into existence in March 2013, immigrant families were torn apart by requirements that applicants for waivers had to return to their country of origin and request the waiver at a U.S. consulate there. This requirement was expensive, and often took months to complete. In the event the applicant was not granted the waiver, they faced periods of as long as 10 years away from their families.

With the I-601A provisional waiver reform, immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens may apply for these new stateside waivers. The provisional waiver eliminates time in which the family must be apart while the applicant is applying for the waiver in his or her home country.

Although the reform has helped many to obtain waivers more easily, it has also resulted in reports of waiver denials by USCIS officials who suspect that the applicant might be found inadmissible for a reason besides overstaying or illegal entry. This “reason to believe” suspicion may be of very minor offenses like running a red light. Refusing to admit you because of such a minor infraction is not right.

Immigration Law Guidance For Northern Texas

A careful, knowledgeable lawyer like Mark E. Jacobs can represent you through the provisional waiver process, anticipating and avoiding small problems like the “reason to believe” question before they become big problems.

The provisional waiver option is even available to persons in removal proceedings. You may request that the court close the removal process in order to apply for the provisional waiver. If you are denied the provisional waiver, there is no appeal. But USCIS will not automatically reinstate removal proceedings for those whose waivers are denied. And it is not against the rules to file a new application, stating the facts of your case in a way that puts you in the best possible light.

As with all immigration matters, provisional waivers are complicated, and there is no substitute for a competent, caring attorney. For more information about provisional waivers, call Dallas provisional waiver attorney Mark E. Jacobs, P.C. 972-445-7577, or write to him using this email link.

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