Provisional waivers allow people who are NOT eligible to Adjust Status due to their unlawful entry and/or unlawful presence to get a Waiver BEFORE they travel outside the US and get their Immigrant Visa at a US Consulate.
Do I need this Waiver ?
Some people are facing the 3/10 Year Bar of inadmissibility.
Under this rule, if a person departs the US after he was unlawfully present for more than 180 days but less than a year, he is barred from entering the US for THREE YEARS.
In addition, if a person departs the US after he was unlawfully present for more than 360 days he is barred from entering the US for TEN YEARS.
If your relative or employer filed an Immigrant Visa petition on your behalf and you need to go to the US Consulate in order to get the Immigrant Visa and return to the US, you may do so without triggering the 3/10 year bar of inadmissibility, PROVIDED you have an APPROVED Provisional Waiver.
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