Our client entered the United States without inspection and is married to an American citizen. As a result, she cannot adjust her status to a green card holder without leaving the United States and consular processing in her country. Leaving the United States at this time, however, would trigger a bar that prevents her from being admitted back. On March 4, 2012, President Obama created a new regulation that allows a person needing to consular process to ask for a waiver of the bar while still in the United States. If the waiver is granted, the person can consular process without fear of being denied re-entry. Our client was in removal proceedings, we applied for and granted a visa petition based on marriage. We then applied for a provisional waiver and it was also approved. Once approved, we filed a motion to recalendar the removal proceedings case and the Immigration Judge dismissed the proceedings so our client can consular process and reenter the United States with a green card.

Provisional Waiver Granted