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By: Jennifer Fabian-Verzosa, Esq.
FOR UNDOCUMENTED INDIVIDUALS LIVING IN THE UNITED STATES, THE I-601A PROVISIONAL WAIVER MAY BE A POTENTIAL PATHWAY LEADING TO A GREEN CARD. THIS POST EXPLAINS THE GENERAL PROCESS, AND PROS AND CONS OF THIS SPECIAL WAIVER.
What is the I-601A Provisional Waiver, and who is it for?
The I-601A waiver is for individuals who entered without inspection (EWI) and are subject to the three-year and ten-year unlawful presence bars if they leave the U.S. This waiver is for persons with squeaky clean histories (i.e., no serious criminal history), and no outstanding removal orders. You will need an approved immigrant petition, and you must show proof that if you are removed/deported from the U.S., your U.S. citizen or lawful permanent resident spouse or parent will suffer extreme hardship. The waiver waives your unlawful presence or overstay in the U.S. Once the waiver is approved, and you have a successful interview overseas, when you return and are admitted to the U.S., you will be a lawful permanent resident!
An immigration attorney can help you determine whether you meet the eligibility requirements.
Benefits:
- The I-601A waiver does not require prolonged and indeterminate separation from your family.
- Leads to lawful permanent residency (i.e., a green card).
- You receive a decision on the waiver before you depart the U.S. for your interview at a U.S. embassy/consulate overseas.
Cons:
- Current Processing time is long: 2-3+ years
- Costly: $795 (as of the date of this post)
- Once the waiver is approved, you still have to depart the U.S. to attend an interview at a U.S. embassy/consulate overseas.
- While the purpose of the waiver is to waive your unlawful presence period in the U.S., enabling you to return to the U.S. after your interview, there is always an inherent risk of not being admitted to the U.S., particularly if you have other grounds of inadmissibility. It’s important to make sure before applying or departing that you have absolutely no criminal history, no outstanding removal orders, and no other immigration violations or inadmissibility issues.
- It’s imperative to have your immigration history reviewed by an immigration attorney since so much is at stake.
- Heavy documentation is required to show extreme hardship to your U.S. spouse or parent.
- An immigration attorney can help you determine the types of evidence you will need to help persuade USCIS of the hardship.
It's important to make sure before applying or departing that you have absolutely no criminal history, no outstanding removal orders, and no other immigration violations or inadmissibility issues.
When to File the Waiver:
The process cannot begin without an approved underlying petition (Form I-130, I-140, or I-360). USCIS currently reports a processing time of 17 months for the I-130 petition. Once the I-130 is approved, you must pay the standard immigrant fees to the National Visa Center (NVC), and notify the NVC that you intend to file a provisional waiver, so NVC can “pause” your case. This is the time to file your I-601A Waiver.
What happens after the Waiver is Approved?:
Upon approval of the I-601A provisional waiver, the case resumes at the NVC for the consular processing stage. Now you can submit your online immigrant visa application (DS-260), civil and financial documents. You will be scheduled for an interview at the U.S. embassy located in your country of citizenship. Once the waiver has been approved and you have an interview date, you may depart the U.S., undergo your overseas medical exam, and attend the interview. As long as the consular officer finds no other grounds of inadmissibility, the waiver can be applied, and the immigrant visa can be issued.
Once you return and are admitted to the United States with your immigrant visa in hand, you will be a lawful permanent resident!
Our IMMIGRATION LAW OFFICE can help you determine whether you might be eligible for an I-601A Waiver. We are compassionate and dedicated to helping you understand your options so you can move your life forward. We provide both in-person and remote immigration legal services to clients all over the United States. Contact us today!
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**Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa, an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**
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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.
The post Overview of I-601A Provisional Waiver for Unlawful Presence appeared first on Law Office of Jennifer Fabian-Verzosa .
