What can I do if USCIS Denies my Request for a Provisional Unlawful Presence Waiver?
- If USCIS denies your request for a provisional unlawful presence waiver, you cannot file an appeal or a motion to reopen or reconsider the denial.
- If USCIS denies your request for a provisional unlawful presence waiver, or if you withdraw your provisional unlawful presence waiver application before USCIS makes a decision, you may re-file providing any additional documentation necessary to prove your eligibility.
- You can only file a new waiver application if your immigrant visa case is still pending with DOS. You should notify DOS that you intend to file a new I-601A.
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 you to 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.
