What is a Provisional Unlawful Presence Waiver?
If you are a foreign national and have been living in the United States without proper documentation, you may believe that your only option is to try to avoid immigration officials who will order removal proceedings. In addition, if you choose to leave the U.S., you may believe that you will automatically be banned from returning for a certain period of time. However, it is important to realize there may be other immigration options that can either allow you to remain in the U.S. or may allow you to return sooner on a lawful basis.
One such immigration tool is the Provisional Unlawful Presence Waiver (PUPW). Only some individuals are eligible for this type of waiver and the following is some information about how the PUPW works.
Lawfully Seeking a Visa
The Immigration and Nationality Act imposes penalties for individuals who remain unlawfully in the U.S. and one penalty is that they will be inadmissible for re-entry once they leave the country. Specifically, if you have been unlawfully present for 180 days to one year, you will have a three-year ban from re-entry.
This poses a problem for some undocumented immigrants who wish to apply for an immigrant visa to be able to be present legally. Many such immigrants are required to travel back to consulates in their home countries to apply for the visa. However, once they leave, they may be deemed inadmissible for the three-year period of time.
To solve this problem, U.S. Citizenship and Immigration Services (USCIS) makes available the PUPW. This waives the three-year period of inadmissibility and allows eligible undocumented immigrants to return to their home countries to obtain a visa without any additional interruption. To be eligible for a PUPW, you must meet the following criteria:
- You are at least 17 years old.
- You are present in the U.S.
- You are statutorily eligible for a visa and are in the process of visa application.
- You would be inadmissible for re-entry for three years due to unlawful presence from 180 days to one year.
- You can show that your inadmissibility would cause hardship to your family members who lawfully live in the U.S.
Call 201-703-9400 today for more information.
Waivers like the Provisional Unlawful Presence Waiver can help many families lawfully live together in the United States. If you would like to discuss your immigration rights and options in New York or New Jersey, please call Ronald P. Mondello, Esq. Attorney at Law for help today.
