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I 601A Provisional Waiver: Step by Step Guide

March 27, 2018

I 601A Provisional Waiver: Step by Step Guide

Author: Provisional Waiver Attorney Alena Shautsova

A provisional  I 601A waiver waives the unlawful presence bar for those who have certain LPR or USC relatives in the US. An unlawful presence bar applies to all who accumulated unlawful presence in the US, left the US, and now are applying for Immigration benefits from outside the US.  The positive side of this waiver is that  unlike many waivers that can be filed only once the person departed the country, I601A can be filed for while the person is still in the US; and second, recently US relaxed the standard for granting the waiver, and now, the person can win the waiver either by providing that the relative will not be able to move with him/her outside the US (will suffer extreme hardship in case of a move) or that the relative will have extreme hardship in case the immigrant is removed out of the US.

Here are the steps for the waiver:

First Step: An approved Immigrant Petition

A person who is planning on filing for the waiver has to have an approved immigrant petition. It can be I 130, I 140, or even a selection in the DV lottery.

Second Step:

The petition has to the sent for processing to the National Visa Center, and a person has to pay the Immigrant Visa and Affidavit of Support Fees (when necessary)

Third Step:

Submitting I 601A to USCIS with a filing fee and supporting documents. Once the waiver is accepted by USCIS, the clock in the NVC is stopped.

Fourth Step:

Once the waiver is approved, USCIS informs NVC about the approval, the applicant has to submit DS 260 immigrant visa form and supporting documents for the visa. Then he/she has to wait for the visa interview; schedule the medical exam overseas and plan for the departure.

Fifth Step

An applicant will have to travel overseas for their visa interview. A consulate will use an immigrant visa that will be stamped in the passport. Upon arrival to the US, the applicant will have the actual “green card” mailed to the address they left on file with USCIS.

These are the most common steps for those who have never been in court and do not have other inadmissibility issues.

 

I -601A Provisional Waiver Filing Mistakes

August 8, 2013

Author: New York Immigration Attorney Alena Shautsova

I- 601A Provisional Waiver

In March, 2013 USCIS started to accept applications for I- 601A Provisional waiver that can be used by certain immediate relatives of the US citizen to waive unlawful presence bar during the green card process.

The I-601A provisional waiver is likely to be utilized by spouses of the US citizens who entered the country illegally. Such spouses may not adjust their status in the US and have to leave the country to get an immigrant visa.

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Provisional Waiver In Effect Starting Today

March 4, 2013

Provisional Waiver I-601A is In Effect Starting Today, March 4, 2013

Author: New York Immigration Lawyer Alena Shautsova

The new provisional unlawful presence waiver process is for certain individuals who seek a waiver of inadmissibility only for unlawful presence. They can now apply for a provisional unlawful presence waiver while in the United States and before departing for their immigrant visa interview at a U.S. Embassy or Consulate abroad. Under the current process, which continues to remain in effect, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States have to travel abroad and be found inadmissible at their immigrant visa interview before they can apply for an inadmissibility waiver. 
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USCIS FAQ on Provisional Waiver

January 11, 2013

USCIS Frequently Asked Questions on Provisional Waiver I-601A are available here

Provisional Waiver Will Be Available This Spring

January 2, 2013

Finally, the USCIS finalized provisional waiver rules.

Secretary of Homeland Security Janet Napolitano announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin.

According to the notice, the process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at www.uscis.gov

If you or your loved ones need help with the provisional waiver process, consult with  New York Immigration attorney at 917-885-2261.