Q. Why does USCIS refer to the waiver (I-601 Provisional Waiver)as “provisional?”

A.In the proposed process, USCIS would grant the provisional waiver before the applicant departs the U.S. for consular processing of their immigrant visa applications.  The provisional waiver, however, would not take effect until the individual departs from the United States and triggers the covered ground of inadmissibility.  Moreover, the provisional waiver covers only the unlawful presence grounds of inadmissibility.  If the consular officer finds during the immigrant visa interview that the individual is subject to another ground of inadmissibility, the individual would need to file another waiver application with USCIS.