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Provisional Waivers: Defensive Strategy

The Provisional Waiver process can also be part of a defensive strategy where unlawful presence issues create family-separation risk, reducing the time U.S. citizens are separated from family members.

Ineligibility

Those ineligible include individuals with: proceedings reopened on the EOIR calendar, in removal proceedings not administratively closed, missed previous interview, or subject to other inadmissibility grounds.

Approach and Coordination

It is coordinated with the main petition and hardship analysis to reduce risk during consular processing. If in removal proceedings, contact ICE for dismissal arrangements after approval. If approved, terminate or dismiss removal proceedings before leaving the U.S. to avoid delays or ineligibility.

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