El Provisional Unlawful Presence Waiver se refiere al proceso de entregar el Perdon (I-601) en los Estados Unidos. En vez de entregar el Perdon en su país de origen, uno lo puede entregar en los Estados Unidos. El beneficio es de que toda la espera no se tiene que hacer en su país de origen, y a si, no separarse tanto de su familia. PERO, aunque entreguen el Perdon en los Estados Unidos, TODOS que entregan este Perdon, debe salir del país y recivir su Visa en su país de origen.
Pero, hay algunas razones en las cual no califican para este Waiver. Para los detalles de quién califica y no, por favor vean el artículo publicado por USCIS.
Mi esposo tiene un Removal in Absentia – es cuando el juez ordena la deportación de una persona, sin que la persona esté fisicamente ante él. Parace que tal vez él no califique para este waiver.
Dejenme saber que piensan de esto. Comentarios son más que bienvenidos. Intentaré darles la versión en español, ya que sea publicada por USCIS.gov.
Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.
The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.
Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States. Under the existing waiver process, which remains in effect, immediate relatives cannot file a Form I-601, Application for Waiver of Grounds of Inadmissibility, until after they have appeared for an immigrant visa interview abroad, and a Department of State consular officer has determined that they are inadmissible to the United States.
What You Need to Know
To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:
You are NOT ELIGIBLE for a provisional unlawful presence waiver if any of the following conditions apply to you:
How to Apply
Carefully follow the Form I-601A instructions and fully complete the application. USCIS will reject any application that is not accompanied by the proper filing and biometric fees OR that does not meet the filing criteria specified in 8 CFR 212.7(e)(5). Use the checklist available on the last page of the form instructions to make sure your application is complete before filing.
Do not concurrently file Form I-601A with any other application or petition.
Please make sure that you follow these steps to prevent your application from being rejected and returned to you:
Form Filing Tips
If you have questions call the Customer Service Center at 1-800-375-5283.
Do NOT visit a USCIS field office in person.
2. Mail your application to the USCIS Chicago Lockbox.
If U.S. Postal Service:
If USPS Express Mail/Courier:
3. Visit an Application Support Center (ASC) to provide biometrics. After USCIS receives your Form I-601A application with fees, we will send you a notice scheduling you to visit an ASC to provide your biometric and biographic information.
Approval of Form I-601A
The USCIS National Benefits Center will adjudicate all Form I-601A applications.
Having a pending application for a provisional unlawful presence waiver or an approval of such a waiver will NOT:
NOTE: Until your approved unlawful presence waiver takes full effect, USCIS may reopen or reconsider its decision on the Form I-601A at any time.
Reasons Your Provisional Waiver May Be Revoked
Your approved provisional unlawful presence waiver is automatically revoked if:
If You Are in Removal Proceedings
If USCIS approves your Form I-601A, you and/or your legal representative should take steps immediately to have your removal proceedings formally terminated or dismissed by EOIR beforeyou depart the United States to attend your immigrant visa interview. If you leave the United States before your removal proceeding is terminated or dismissed, you may experience delays in the processing of your immigrant visa or risk becoming ineligible for an immigrant visa based on another ground of inadmissibility.
After you receive the approval notice for your Form I-601A, you and/or your legal representative should contact the Office of the Principal Legal Advisor at U.S. Immigration and Customs Enforcement (ICE) to make arrangements to have those proceedings dismissed. Do not contact ICE until after USCIS approves your Form I-601A. A list of the ICE Chief Counsel phone numbers is available on the internet at: http://www.ice.gov/contact/opla/. When you contact ICE, you should have a copy of the approval notice available for ICE’s review.
Denial of Form I-601A or Withdrawal of Form I-601A
If USCIS denies your provisional unlawful presence waiver, you cannot file an administrative appeal or a motion to reopen or reconsider.
However, if your provisional unlawful presence waiver request is denied or if you withdraw your provisional unlawful presence waiver application before USCIS makes a final decision, you may file a new Form I-601A, in accordance with the form instructions and with the required fees. Your immigrant visa case must also be pending with DOS. In the case of a withdrawn Form I-601A, USCIS will not refund the filing fees because USCIS has already taken steps to adjudicate the case.
Alternatively, if USCIS denies your Form I-601A or you withdraw your Form I-601A before USCIS makes a final decision, you can apply for a traditional waiver using the existing process and Form I-601, Application for Waiver of Grounds of Inadmissibility. You cannot apply for a Form I-601 until after you attend your immigrant visa interview and after DOS determines that you are subject to other grounds of inadmissibility. If you decide to file Form I-601 after the interview abroad, you must file the Form I-601 in accordance with its instructions and with the required fees.
Avoid Immigration Scams
Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file a provisional unlawful presence waiver. These same individuals may ask that you pay them to file such forms. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams.
This page can be found at: http://www.uscis.gov/provisionalwaiver
Last updated: 02/25/2013