What is a immigration relief ? Is provisional waiver a relief

Asked almost 2 years ago - San Bruno, CA

Is provisional waiver some kind of immigration benefit .

Attorney answers (3)

  1. Heather Louise Garvock

    Pro

    Contributor Level 13

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    Answered . When an immigration judge or attorney says "relief," he or she is typically referring to applications for permission to remain in the United States instead of being deported. In order to submit an application for relief, you have to meet the requirements for a specific form of relief authorized by law. There is no general application for relief.

    A provisional waiver is not within the jurisdiction of the immigration court, meaning the immigration court does not have the power to make a decision on an application for a provisional waiver. Provisional waivers are within jurisdiction of USCIS.

    I suppose that someone seeking in a broad sense could refer to a provisional waiver as relief from the harshest consequences of unlawful presence, but that is not typically how the term is used.

    Heather L. Garvock Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900... more
  2. Christina Joan Murdoch

    Contributor Level 13

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    Answered . A waiver is a type of immigration benefit that allows someone to enter the United States even though they have taken part in some behavior that would otherwise cause them to be prohibited from entering. The provisional waiver is just a change in the way you apply for waivers. Before the provisional waiver, many people had to leave the U.S. and apply for a waiver in their native country. They would leave without having any idea of whether the waiver would be approved, and if it was not approved, they would be stuck outside the U.S. for some time. The provisional waiver allows a certain group of people who otherwise would have to leave the U.S. to apply for a waiver, to apply for a provisional waiver without leaving the U.S. A grant of a provisional waiver is not a final decision of their waiver application. But it means they can leave tohe U.S.. to apply for their immigrant visa with a pretty good assurance that their waiver will be ultimately granted and they will not get stuck. If you are interested in applying for one of these waivers, consult with a good immigration attorney first to make sure you are eligible and that it is the best strategy for you.

    Christina Murdoch
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  3. Stephen D. Berman

    Contributor Level 20

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    Answered . Relief usually means a benefit in lieu of removal from the United States. A provisional waiver is not an application for relief from removal.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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