Waivers & Cancellation of Removal
The Wait for Stateside Waivers is over, effective March 4, 2013.
Are You Eligible to Apply for a Conditional Waiver While Remaining in the
The great benefit of the provisional waiver process is that an applicant
for residency will not have to apply for a waiver of unlawful presence
from outside the United States. An individual who entered the United States
without inspection or without documents will be able to apply for a waiver
of unlawful presence while residing with their family in the United States.
A person can now apply for a waiver while present within the United States
without the risk of denial of a waiver while being abroad.
There is no real risk of being placed in removal proceedings if the stateside
waiver is denied unless the person has committed fraud, has a criminal
history, or otherwise poses a threat to nation or public safety. A provisional
waiver approval will waive the ground of inadmissibility based on unlawful
presence. The applicant must be the beneficiary of an approved immediate
relative petition and must be the spouse or son or daughter, 17 years
or older, of a United States citizen.
Once a provisional waiver is approved the beneficiary must appear at the
consulate for an interview to obtain an immigrant visa to be admitted
to the United States as a resident. An applicant for a provisional waiver
must establish that a qualifying relative will suffer extreme hardship
if the applicant were to be removed from or found to be inadmissible to
the United States.
An applicant also must not have a final order of removal in order to be
eligible to apply for a provisional waiver. If an applicant does have
an order of removal additional steps should be taken to move to reopen
removal proceedings in order to be eligible for a provisional waiver application.
Additionally, individual that ere in removal proceedings need to move
to have theior cases terminated or administratively closed in order to
be eligible to apply.
There are many factors and legal arguments that that go into demonstrating
extreme hardship to overcome an unlawful presence ground of inadmissibility
for the provisional or conditional unlawful presence waiver. This discretionary
application needs to be carefully and properly prepared to maximize an
applicant's possibilities of becoming a lawful permanent resident
of the United States. For further information on the provisional waiver
process and for assistance in determining whether you are eligible to
apply for a provisional waiver, please contact Revilla Law Firm, P.A.
Here is a link to the Final Rule on Provisional Unlawful Presence Waivers
of Inadmissibility for Certain Immediate Relatives
Contact Revilla Law Firm to speak to one of our immigration attorneys about
Provisional Waivers and whether you are eligible. We offer an Initial
In-Office Consultation in our Miami office (305) 858.2323.
Miami Immigration Attorneys
2250 SW 3rd Avenue, Suite 501
Miami, FL 33129
Phone: (305) 858-2323
Fax: (305) 858-2321
Feel free to email us at:
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