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I-601A Provisional Waiver

I-601A Provisional Waiver

I-601A Provisional Waiver

This policy, commonly called a Provisional Waiver, went into effect March 4, 2013. I-601A Waivers will allow certain beneficiaries of immigrant visa petitions to apply for a provisional unlawful presence pardon (a waiver) while they are still in the United States, before departing for the immigrant visa interviews abroad.

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What Can the Policy do to Help Me and My Family?

A: This policy works to alleviate the situation where relatives must remain outside the United States, separated from their U.S. citizen or legal permanent resident (LPR) family for long periods of time, while U.S. Citizenship and Immigration Services (USCIS) adjudicates their unlawful presence waiver applications. This new provisional unlawful presence waiver process should significantly reduce the time that U.S. citizens/LPRs are separated from their relatives.

What are the Eligibility Criteria for a Provisional Unlawful Presence Waiver?

A: You are eligible for the I-601A Waiver if you have a physical presence in the United States and:

  • You are at least 17 years old when you file;
  • You are the recipient of an authorized immigrant visa petition that classifies you as a beneficiary of a U.S. Citizen or LPR;
  • You have an immigrant visa case pending with the U.S. Department of State (DOS), for which you have already paid the immigrant visa processing fee; and
  • You believe you are or will be inadmissible at the time of the immigrant visa interview due to having spent a certain period of time unlawfully present in the U.S.
  • You fulfill all other conditions of the provisional unlawful presence waiver, including those outlined in Form I-601A and its instructions, which includes being able to prove that your extended absence would bring significant hardship to your U.S. citizen/LPR relative.
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Let us help you determine whether an I-601A provisional waiver is the optimal way to keep you and your family together. Call us for a consultation with our immigration attorneys.

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