Can I Apply for the Provisional Unlawful Presence Waiver if I am in Removal Proceedings?

Can I apply for the provisional unlawful presence waiver if I am in removal proceedings?

Yes, if you have a USC immediate relative, but the removal proceedings must be:

1. Administratively closed; and

2. Have not been re-calendared as of the date of filing the I-601A.

You still must meet all the requirements for the provisional unlawful presence waiver, including the requirement that you have an immigrant visa case pending with DOS and have already paid the immigrant visa processing fee.

You should also notify DOS of your intention to file a provisional unlawful presence waiver.

Although you are in removal proceedings, the application for a provisional unlawful presence waiver is filed with USCIS.

You should inform the Immigration Judge and ICE counsel that you have applied. Doing so will help the process to have the removal proceedings terminated or dismissed before you depart for your immigrant visa interview.

If your removal proceedings are not terminated/dismissed before you depart the U.S., your application may be delayed and you may be found inadmissible on other grounds.