As an update to the newly expanded provisional waiver program that went into effect on August 29, 2016, it is important to clarify who is and is not eligible to file for this waiver. Specifically, an individual with a final order of removal may now file a 212 waiver of the removal order in the United States, and upon approval, move forward with the provisional waiver application. But, it’s not that simple. There are certain restrictions within this provision as well. Keep in mind there is a significant difference between voluntary departure and an order of removal. If an individual is issued an order of removal by the Immigration Judge, they will be eligible for the 212 waiver. If on the other hand, they accept Voluntary Departure, but fail to depart such that it turns into a final order of removal, that person will NOT be eligible to file a 212 and provisional waiver. Further, on the topic of in absentia orders of removal – if a pe...
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