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I-601A Provisional Waiver

I-601A Provisional Waiver

What is the provisional waiver policy?

A: 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.

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 are physically present in the United States and:

  • You are at least 17 years of age at the time of filing;
  • You are the beneficiary of an approved immigrant visa petition classifying 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 at the time of the immigrant visa interview, inadmissible based on having accrued a certain period of unlawful presence in the United States.
  • You meet all other requirements of the provisional unlawful presence waiver as listed in the regulations, the Form I-601A and its instructions, including being able to document that your extended absence would cause extreme hardship to your U.S. citizen/LPR relative.
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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