Can the state revoke my provisional unlawful presence waiver?

 Posted on September 01, 2020 in naturalization & citizenship

Hopeful US citizens in Texas can jeopardize the immigration process by unlawfully entering or residing within US borders. Many residents who would be otherwise eligible for family-based immigration can disqualify themselves by remaining in the US without a visa.

Thankfully, getting a provisional unlawful presence waiver from US Customs and Immigration Services may reinstate your eligibility if you are an undocumented immigrant with immediate relatives who are US citizens.

Revocations

Provisional unlawful presence waivers are not permanent, and the government may revoke your waiver in some cases. But if you are facing a waiver revocation, you may have recourse to get the waiver reinstated.

The government will automatically revoke your waiver in certain circumstances. The DOS may end your immigrant visa application process at any time, and the USCIS retains the right to revoke your underlying approved immigrant visa petition.

In some cases, the US Embassy or US Consulate may determine that the circumstances of your unlawful presence do not qualify for a waiver — even after granting you a provisional one. You can also lose your waiver by violating current immigration laws.

Recourse

If you lose your waiver, you may be able to appeal the decision with an Application for Waiver of Grounds of Inadmissibility. But this only applies to cases when you had an approved waiver that the state revoked.

If you ultimately receive a denial of your application for a provisional waiver, you are generally unable to appeal the decision. But if you have reason to suspect a forthcoming denial, you may be able to withdraw your application and resubmit with revisions.

For these reasons, it is essential to comply with US immigration law while going through the immigration process and to complete your application carefully and with a legal advisor to meet the requirements.