Well, there are a few catches. The new draft regulations make clear that:
(1) There are no do-overs. If your case is not approved through the provisional waiver program the first time, you don’t get a second shot at it. You would have to travel abroad, as under current procedure, and file for a waiver abroad and await the decision.
(2) There are no appeals to denials and no motions to reopen. Only CIS can issue an MTR on its own to reopen a case, which is not likely.
(3) As expected, permanent resident spouses and parents may not be used as qualifying relatives for purposes of the provisional waiver process; if your relative is one of these, you will have to go through the standard waiver processing that currently exists abroad;
(4) If you have an adjustment of status case pending, you can’t apply under the provisional waiver program.
(5) A Big Problem – If you have already paid your NVC fees and NVC has booked your consulate interview (but you haven’t left the US yet because you were waiting for the PW program), you cannot stop now and postpone your interview in hopes to be able to use this process. If you have a consulate interview that has been scheduled, even if you postponed or missed it, you won’t be able to file under the provisional waiver program.
The draft regulations are open for comment for 60 days before they become final and any changes are incorporated. Let me know your thoughts or any concerns you read about in the regs and we’ll try to get your voice heard.
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Attorney Heather L. Poole practices exclusively in the area of U.S. family-based immigration law and citizenship law. Heather is a nationally-published immigration author, frequent lecturer on immigration issues, and member & officer of the American Immigration Lawyers Association’s Southern California Chapter. For more information about Heather and the services offered, visit www.humanrightsattorney.com
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