There are three provisions concerning unlawful presence: a) an alien who remains in the United States unlawfully for 180 days but less than 1 year and departs the U.S. is inadmissible for 3 years; b) an alien who remains in the United States unlawfully for one year or more and departs is inadmissible for 10 years; and c) an alien who has been deported and unlawfully re-enters the United States or and alien has entered the United States unlawfully on multiple occasions and has spent a combined total of 1 year or more unlawfully in the United States, is permanently inadmissible (this is referred to as the "permanent bar").
An approved provisional waiver will only waive unlawful presence under A and B. It does not waive C. In fact, if any further ground of inadmissibility is determined by the consular officer then the provisional waiver is automatically revoked. The permanent bar (option C) can only be waived after the alien has spent 10 years outside the United States.
The provisional waiver process is full of pitfalls for the unwary. I recommend that you consult with an experienced immigration attorney who can review your case and advise you as to the best way to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
Good question. It is possible to use this waiver even if someone has multiple entries, but it all depends on the facts. In certain cases, one may be barred permanently upon another ground for which the I-601 or 1-601a may not help. I have handled numerous such cases. Please obtain a complete evaluation. Best regards.
have an attorney review to see if you have triggered the permanent bar.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law