Provisional Waiver (I-601A) Rules
Provisional Waiver (I-601A) Rules Took Effect on 3/4/2013
Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa.
Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.
At Gladstein & Messinger, located in Forest Hills, our provisional waiver lawyers in Queens can help you navigate this new process successfully. Contact us today to learn more during an initial consultation at our offices.
Experienced I-601A Lawyers in Flushing
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.
Under the provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, our attorneys can help them apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizens are separated from their qualifying immediate relatives.
I-601A Rules Expanded effective 8/29/2016
The Department of Homeland Security has announced that effective August 29, 2016 they are expanding the class of aliens eligible to apply for I-601A Provisional Waivers. Now anyone eligible to obtain an immigrant visa such as the spouse of a permanent resident, sibling of citizen and adult child of citizen or permanent resident can apply for the waiver. An applicant must still have a qualifying relative, but that group has also been expanded to include citizen and now permanent resident spouses and parents. Now more people have become eligible to apply for I-601A provisional waivers.
For a consultation on your I-601A matter, contact our law firm or call us at 718-793-7800. We maintain a flexible office schedule to accommodate the needs of our immigration clients, meeting with individuals by appointment only. We accept Visa and MasterCard.