I-601A Application for Provisional Unlawful Presence Waiver

Our immigration lawyers have offices in Westchester, White Plains and New York City. Our lawyers will be able to help you with all your immigration matters. Our immigration lawyers represent clients throughout the United States including New York, Connecticut and New Jersey. Our Law Offices have experienced immigration attorneys that will represent you in any area of Immigration and Nationality Law including an I-601A provisional waiver for unlawful presence. Our immigration lawyers will help you obtained an approval for your I-601A waiver and keep your family united.

On April 2, 2012, USCIS established a rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing. On January 2, 2013 USCIS announced that it would accept filings of these provisional unlawful presence waivers beginning on March 3, 2013. The changes should significantly reduce the length of time U.S. citizens are separated from their immediate relatives (spouse, children and parents) who are in consular processing abroad.

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

The following are a list of basic requirements for eligibility for an I-601A waiver:

  1. You are at least 17 years of age at the time of filing
  2. You are the beneficiary of an approved petition classifying you as the immediate relative of a U.S. citizen
    1. Please click on the following link to see our page on family based petitions marriage fiancé or other qualifying family members
  3. You have an immigrant visa case pending with the Department of State, for which you have already paid the immigrant visa processing fee
  4. You believe you are, or will be, inadmissible only for unlawful presence in the United States for more than 180 days, but less than 1 year, during a single stay (INA § 212(a)(9)(B)(i)(I)), or unlawful presence in the United States for 1 year or more during a single stay (INA § 212(a)(9)(B)(i)(II))
  5. You must prove that the refusal of your admission would result in extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion
    1. Please contact us to meet with an experienced immigration lawyer and analyze your circumstances to see if you do qualify

The following is a list of circumstances that may make an applicant ineligible for an I-601 waiver:

  1. You have a pending application for lawful permanent residence with USCIS
  2. You are in removal proceedings (proceedings have not been terminated)
  3. You have been ordered removed, excluded, or deported from the United States
  4. You are subject to reinstatement of a removal order
  5. The Department of State already scheduled your immigrant visa interview
  6. You do not establish that the refusal of your admission would result in extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion
    1. Please click on the following link to see our page on family based petitions marriage fiancé or other qualifying family members
  7. USCIS has reason to believe you may be found inadmissible at the time of your immigrant visa interview for grounds other than unlawful presence under INA § 212(a)(9)(B)(i)(I) or (II)

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, the family member can apply for a provisional waiver before departing for their immigrant visa interview abroad. The provisional waiver must be approved prior to setting up the consular interview abroad. Individuals who file for the provision waiver must notify the National Visa Center that they are or will be seeking a provisional waiver from USCIS. This new provisional waiver process will reduce the amount of time U.S. citizens are separated from their qualifying immediate relatives.

Only an experienced immigration lawyer can help you navigate through the new and complicated I-601A conditional unlawful presence waiver process. Our immigration lawyers have extensive experience in the immigration waiver process and will obtain the result you desire. We will help you obtain the approvals you need tom keep your family united. First, we will help you obtain an approval on your family visa petition. Then we will help you obtain an approval on your I-601 conditional unlawful presence waiver. Then we will help you through the consular process abroad as well as help you obtain your US Permanent Residence.

For guidance on I-601 conditional unlawful presence waiver process, please contact our experienced attorneys that will help you through the entire process and answer all your questions. You may call or visit our Westchester, White Plains office or our New York City location.

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