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If USCIS denies my request for a provisional unlawful presence waiver will I be placed in removal proceedings?
•Generally no, USCIS will not begin removal proceedings or referring youto ICE when USCIS approves or denies their waiver requests, or if you withdraws your application.
• However, you will be referred to ICE and removal proceedings begun if DHS considers you an enforcement priority – that is, if the individual has a criminal history, has committed fraud, or otherwise poses a threat to national security or public safety.
• If USCIS discovers acts, omissions, or post-approval activity (such as criminal history, fraud, or if you are a threat to national security or public safety) or that the waiver was granted in error, USCIS may issue an NTA, and reopen the provisional unlawful presence waiver approval and deny the waiver request.
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