Filing I-601A Provisional Waiver for Unlawful Presence and Unlawful Entry

Beginning March 4, 2013, certain immediate relatives of U.S. citizens who were physically present in the United States were allowed to request I-601A provisional waiver to waive ar ask for forgiveness for unlawful entry and unlawful presence in the U.S. If I-601 provisional waiver is approved, then the immigrant departs the United States for consular processing of their immigrant visa applications (or pick up green card).  Thousands of immigrants illegally in the United States filed for the provisional waiver benefit.

Our office has received many I-601A provisional waiver approvals for our clients and copies of these approvals can be found under the “Client Case Approval”.    We have successfully completed processing of hundreds of I-601A provisional waiver. At the bottom of this article, we have attached one of our approved I-601A Provisional Waiver. We can provide the following roadmap.

Steps to the I-601A Provisional Waiver process:

1.     Obtain I-130 approval as immediate relative of a U.S. citizen (spouse of U.S. citizen, parents of U.S. citizen or child under age 21 of U.S. citizen)

2.     Pay visa fees at the National Visa Center

3.     Prepare and submit Provisional Waiver to U.S. Citizenship & Immigration Services

4.     Upon approval of Provisional Waiver, file returned to National Visa Center for submission of affidavit of support, police clearance, DS-260, photos, and original civil documents

5.     Upon denial of Provisional Waiver, consider re-filing with supplemental evidence

6.     Interview schedule at U.S. Embassy abroad & applicant appears to pick-up immigrant visa and return to the U.S.

The following individuals are eligible to file a I-601A provisional waiver:

crewman (or jump ships) who married US citizens, but do not have the benefit of Section 245(i);
people who entered the US without inspection (EWI), who married US citizens, but do not have the benefit of Section 245(i); and
people who entered the US on a K-1 fiancée visa, but did not marry the American who petitioned them, but instead married a different American; and immediate relatives of U.S. citizens with an approved Form I-130 found ineligible to adjust status in the U.S.

If a provisional waiver is denied, there is no appeal process.  Rather, an applicant can re-submit another provisional waiver application.  Also, a denial of a provisional waiver request does not result in deportation or removal from the U.S. unless the applicant already has a deportation/removal order from an immigration judge.

Before deciding to proceed with the “provisional unlawful presence waiver” process, speak with a experienced immigration lawyer like Attorney Gail Seeram, who can assess your unique situation and conclude if you will benefit from this new law and new process.

For more information on I-601A provisional waiver ,

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