There is an excellent Questions and Answers available on the USCIS website regarding the Provisional Unlawful Presence Waivers, which to date, is still not yet in effect. At this stage, USCIS is encouraging the public to submit comments. The comment period runs from April 2, 2012 to June 1, 2012. Among some of the highlights of the Q and A that might be of some interest to prospective applicants is that USCIS states that there is no appeal or opportunity to file a motion to reopen a denied provisional waiver. The Q & A also addresses the big questions of what happens if the provisional waiver is denied. Will the applicant be placed into Removal Proceedings? USCIS indicates that it will follow its current policy regarding issuance of Notice To Appears and prosecutorial prioritization guidelines. Moreover, USCIS reminds applicants that the provisional waiver is not a cure-all. It only provisionally dispenses with the unlawful presence bar, provided that the requisite hardship is demonstrated. If a consular officer determines that the visa applicant is still subject to another or different ground of inadmissibility, the approved provisional waiver is automatically revoked, and the other ground of inadmissibility would of course have to be addressed through another waiver application. Prospective applicants who will need to file for a provisional waiver in the future–assuming it becomes a final rule–should definitely study the Q&A closely.
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