I-601A Provisional Unlawful Presence Waiver
What is the new I-601A Provisional Unlawful Presence Waiver that is now available?
About the Provisional Unlawful Presence Waiver
On January 2, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States without a visa, who are in the process of seeking immigrant visas to become lawful U.S. permanent residents, may apply for an I-601A Provisional Waiver of inadmissibility for unlawful presence before departing the United States to attend their immigrant visa interviews. Before the provisional waiver process began in 2013, such individuals had to leave the United States to attend their consular interviews, remain abroad, and could only seek an I-601 waiver after the Consular officer made a formal finding of unlawful presence inadmissibility, which resulted in hardship due to extended family separation.
On August 29, 2016, the provisional unlawful presence waiver process was expanded to spouses of Legal Permanent Residents (LPRs) who were statutorily eligible for an immigrant visa, thereby giving them the opportunity to file an I-601A Provisional Waiver of inadmissibility for unlawful presence while in the United States.
The I-601A Provisional Unlawful Presence Waiver, also referred to as the “provisional waiver,” is a process by which individuals who are currently in the United States and will be applying for an immigrant visa at a U.S. consulate abroad, and whose only ground of inadmissibility issue is unlawful presence under INA § 212(a)(9)(B), may apply for the waiver of inadmissibility before they leave the United States. Generally, the provisional waiver process helps people who have been living in the United States with their family without status, who are ineligible to adjust status, and raise no other inadmissibility issues.
Once an Applicant files an I-601A with USCIS, the applicant will be mailed a receipt notice and, shortly thereafter, a fingerprint biometrics appointment notice. After they complete their biometrics, they must wait to receive communication from USCIS, which may include a Request for Evidence (RFE) requesting additional documents from the Applicant or a decision on the application, based on the applicable government timelines.
The National Visa Center (NVC) Process – Frequently Asked Questions (FAQs):
What should I do once USCIS approves my I-601A provisional unlawful presence waiver?
Once USCIS approves your I-601A application, it will inform NVC of its decision. If NVC has received all required forms and documents for your immigrant visa case, NVC will schedule your immigrant visa interview at the U.S. embassy or consulate you designated and notify you of your interview appointment date. You will then need to depart the United States to attend your immigrant visa interview at the designated U.S. Embassy or Consulate. If you fail to depart and do not attend your immigrant visa interview, the provisional unlawful presence waiver will not take effect, and the approval may no longer be valid.
What will happen during the visa interview at the U.S. embassy or consulate if the consular officer determines that I have other visa ineligibilities?
If the consular officer determines at your immigrant visa interview that you have other ineligibilities (grounds of inadmissibility or are otherwise not eligible for the visa) beyond unlawful presence, the USCIS approved provisional waiver is automatically revoked. Learn more on the USCIS Website (www.USCIS.gov)
While you can file USCIS forms yourself, many people prefer to have legal representation, since immigration law is a complex area of law, and each person has a particular immigration history that can affect their immigration process. For each immigration benefit, there are requirements, forms, and government fees, and it is important to understand the facts, options, consequences, and obstacles before filing an immigration application.
Our Office strives to provide prompt, courteous, professional services, and to work towards securing the best possible results for our clients. Schedule an appointment with our office to determine your eligibility to file an I-601A Waiver or other immigration matters.
Notice: Information compiled from various sources, including Department of State and USCIS.
