Is A Provisional Waiver Right For A Relative Applying For A Green Card?
Posted on: 10 May 2017
A provisional waiver could potentially help a family member avoid a ban that would prohibit him or her from returning to the United States. However, there is a great deal of risk associated with applying for the waiver. If you have a relative that is considering applying for a waiver, here is what you need to know.
What Is a Provisional Waiver?
An undocumented person who has resided within the United States can choose to apply for a green card. In order to be approved, the applicant will likely be required to return to his or her home country for an interview at the consulate. A waiver would allow him or her to return to the United States after the interview.
The waiver application has to be submitted to the United States Citizenship and Immigration Services, or USCIS, before your relative leaves for his or her home country. The agency will make a decision at that point. Some people choose to submit the waiver application at the consular interview.
What Are the Risks?
One of the biggest risks with applying for a provisional waiver is that it could be denied. If the USCIS rejects the request from your relative, he or she could face a ban from returning to the United States. The ban, which could last three or 10 years, prevents your relative from legally re-entering.
Some people are concerned that applying makes them a target for USCIS. The application requires details, such as the home and work address. Depending on the status of your relative's case, the USCIS could use this information to locate, arrest, and deport him or her.
Can the Waiver Help Secure a Green Card?
One of the common misconceptions about the provisional waiver is that it automatically means that someone will be approved for a green card. Although there are benefits to securing a waiver, it does not guarantee an applicant will receive a green card or any other immigration benefits. What is does mean is that he or she can return to the United States after being approved for re-entry.
Before leaving for his or her home country, your relative should discuss the possibility of being approved for a green card or visa. The attorney can help with preparing the application and even submit it. His or her immigration attorney can also submit the application for the provisional waiver to avoid hiccups if he or she is granted legal permission to return.
For more information, you will want to contact Carmen DiAmore-Siah Attorney At Law.
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