This is the second and concluding part of the series of articles pertaining to the provisional unlawful presence waiver.
Will I have to be fingerprinted or appear for an interview as part of the provisional unlawful presence waiver process?
All provisional unlawful presence waiver applicants will be required to appear at a USCIS Application Support Center (ASC) for biometrics collection. Generally, USCIS will not require provisional unlawful presence waiver applicants to appear for an interview but may schedule an interview for an applicant if the facts in a particular case warrant further inquiry and review.
If I have a pending or approved request for a provisional unlawful presence waiver can I receive interim benefits?
The filing or approval of a provisional unlawful presence waiver will not affect an individual’s current immigration status in the United States. A pending or approved provisional waiver also will NOT:
1. Provide interim benefits such as employment authorization or advance parole;
2. Provide lawful status;
3. Stop the accrual of unlawful presence;
4. Provide protection from removal;
5. Remove the requirement to depart the United States to seek an immigrant visa; or
6. Guarantee immigrant visa issuance or admission to the United States.
What should I do once my provisional unlawful presence waiver is approved?
After your provisional unlawful presence waiver is approved, you will need to depart the United States and attend your immigrant visa interview at the designated U.S. Embassy or consulate abroad. If you fail to depart and attend your immigrant visa interview, the provisional unlawful presence waiver will not take effect and the approval may no longer be valid.
If USCIS denies my request for a provisional unlawful presence waiver, can I file an appeal or a motion to reopen or reconsider?
No. If USCIS denies your request for a provisional unlawful presence waiver, you cannot file an appeal or a motion to reopen or reconsider the denial. USCIS reserves the right to reopen and reconsider, on its own motion, an approval or a denial of a provisional unlawful presence waiver at any time.
What can I do if USCIS denies my request for a provisional unlawful presence waiver or if I withdraw my provisional unlawful presence waiver application?
If USCIS denies your