Schedule a Consultation Phone: Where should I file my IA provisional waiver application? Back to Top Is it possible to waive the biometrics or filing fees for an IA waiver application?
How long it takes to process an I waiver? Is premium process available for an IA waiver? When will this new rule takes effect? March 4th, If my provisional waiver application is approved, does it mean that I will get my immigrant visa once I depart the U.
What should I do if my IA waiver application is approved during removal proceeding? What if my IA waiver is denied? Once the IA is ultimately denied, you are not allowed to appeal or file a motion to reopen.
What will happen to me if my provisional waiver application is denied or withdrawn? Will I be placed in removal proceedings? Can I leave the United States before biometrics collection? Can I reenter the U. Do I need an attorney to apply for a provisional unlawful presence waiver? Contact Us Successful waiver is less likely if an applicant has a record of fraud, criminal conviction, or willful misrepresentation.
Evidence of applicant participation in a rehabilitation program is an example of a mitigating factor that could strengthen an application that might otherwise be denied based on grounds of a criminal record.
Unlawful presence in the U. A USCIS applicant who filing a Form I or any other immigration form will have to wait for the application to be fully processed before receiving a final decision.
The AAO periodically posts its average case processing time information. As of July 1, , the average case processing time for the appeal of the denial of a Form I is 6 months or less. Immigrants faced with inadmissibility to the U. The adjudication process for an I waiver application is somewhat subjective; legal interpretation of circumstances can change according to law. Immigration laws have undergone reform recently, barring citizens of certain countries from the United States.
If aggravating factors are present in a country of origin, and nationals of that state are not on the U. Homeland Security bar list, they may be good candidates for the I application. The I can be filed when the applicant is in the U. An immigration attorney can provide advice on the IA and I processes. If you have falsely claimed to be a U.
Sometimes an I waiver is not an option. You are not eligible for a waiver but there may be other options if you—. The concept of the Act is to protect the people of the United States from immigrants that might pose national security or public health risks. The Act also protects the country from immigrants seeking to live in the U. Some of the grounds of inadmissibility will apply to all immigration applicants.
Those applicants with criminal records or established links to terrorist organizations deemed inadmissible to enter the United States. Some of the grounds of inadmissibility apply to specific categories of immigrant visa applications, but not with others. For example, grounds of inadmissibility typically apply to families seeking immigrant visas. These families must prove that they won't require public assistance after entering the United States. Many people discover their status of inadmissibility after doing their research on government websites, or when consulting with an immigration lawyer.
Those applicants that discover their inadmissible status have the chance to submit the Form I waiver request. Applicants attach Form I along with your request to save some filing time with the administration department. The benefits for the applicant are even better if they find they're inadmissible based on their unlawful presence in the United States. Typically, in these situations, the immigrant applicant is likely to experience a three or year ban, should they leave the country for their consular interview, for example.
Immediate relatives of a permanent resident or U. By using this filing strategy, applicants can receive an answer to their status before they depart. However, some applicants might only discover their inadmissibility status during their Green Card or immigrant visa interview.
If that's the case, then the waiver might be available to assist you with handling your application, providing the applicant with more time to submit their waiver request. New to the U. Subscribe to our newsletter, Arrive, for newcomer news and guides to decoding life in the U. Processing times for I waiver applications depends on several factors involved with the filing process, including the filing location, as well as the difficulty level required with assessing and reviewing the application.
Some offices of the U. The difficulty level involved with reviewing and processing your case is also a factor. The USCIS receives your information and then waits for an official reply from government officials before making the final decision involved with your waiver request. However, based on the immigration lawyer's experiences with filing the necessary waiver documents, we find that most applicants receive a response on their application within four to six months.
If you have any concerns about what's taking the USCIS so long with processing your application, you can reach out to the customer service number.
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