What you need to know
- The provisional unlawful presence waiver process does not change the immigrant visa process. Even if your provisional unlawful presence waiver is approved, you still have to leave the US for your immigrant visa interview with a consular officer abroad. Approval of the provisional unlawful presence waiver does not make you eligible for adjustment of status in the United States.
- If the provisional unlawful presence waiver is approved, it will only take effect after:
- You leave the United States and appear for your immigrant visa interview
- A DOS consular officer determines that you are admissible to the US and eligible to receive an immigrant visa.
- If you are in removal proceedings, you are not eligible for a provisional waiver for unlawful presence unless your proceedings have been administratively closed and have not been put back on the Immigration Court’s Office for Review calendar Immigration Case (EOIR) by the Department of Justice, to continue the procedures at the time you file your Form I-601A.