The new proposal by the U.S. Citizenship and Immigration Services (USCIS) that would establish a provisional waiver of the punishment law continues to raise many questions.
In my column this week I continue to answer some of them. Please don't trust anyone who tells you this is a done deal. It is still a proposal. It is not law.
Here I provide general answers to your questions. Each case is different, so you should consult a lawyer for personalized legal advice.
I am from Mexico. I have been living undocumented in the US for 4 years. I am married to an American citizen and she has asked me. I have an appointment in Ciudad Juarez to be interviewed for permanent residency, can I ask for a provisional waiver in the US? - Juan O.
You are not eligible to apply for a provisional waiver in the US. USCIS requires anyone who already has an interview for an immigrant visa abroad to keep their appointment. If you do not show up for your appointment, your case may be cancelled.
Consult with an immigration attorney before proceeding.
If the provisional waiver application is denied, can I appeal the USCIS decision? - Araceli A.
The approval or denial of a provisional waiver application is within the sole discretion of the USCIS. If USCIS denies an application for a provisional waiver, the applicant may NOT appeal the decision. However, USCIS reserves the right to reconsider and reopen a case on its own if circumstances warrant.
I am a person of limited means, can I request a waiver to apply for a provisional pardon? - Jesus A.
There will be no fee waiver for this process. USCIS proposes to charge $585 plus $85 for fingerprinting for the provisional waiver application.
Can I apply for a work permit while applying for a provisional pardon? - Maria P.
The filing or approval of a provisional waiver does NOT permit:
- Provide interim benefits, such as a work permit or Advance Parole for travel outside the country.
- Provide legal status.
- Stop the accumulation of illegal presence.
- Provide protection against deportation.
- Eliminate the requirement to leave the U.S. to seek an immigrant visa.
- To guarantee the issuance of visas or admission to the USA.
English 
Español