Possible to apply for Provisional Unlawful Presence waiver if in Removal Proceedings? | Andres Mejer Law

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.

Share This Post!

Related Posts

Call Us Today!

New Jersey Immigration Attorney

We're here 24/7.
Call Now!

Eatontown, NJ


286 RT 35
Unit D
Eatontown, NJ 07724


Lakewood, NJ


212 2nd Street
Suite 104
Lakewood, NJ 08701


Newark, NJ


50 Park Place
Suite #1101
Newark, NJ 07102


Edison, NJ


1929 NJ-27
Edison, NJ 08817


1065 US-22 Suite 2B
Bridgewater Township, NJ 08807


Freehold, NJ


36 W Main St, Suite 302,
Freehold, NJ 07728


Copyright 2023 Andres Mejer Law - All Rights Reserved. Powered by Advantage Attorney Marketing & Cloud Solutions