The I-601A Provisional Waiver allows a spouse, children, or parents of U.S. citizens to apply for and receive a decision on their waiver application while still remaining in the United States, before departing to their home country for the visa interview. Currently, the provisional waiver is available to immediate relatives of U.S. citizens who only need a waiver of inadmissibility for unlawful presence.
In order to meet the requirements for an I-601A provisional waiver, you will need to meet all of the following requirements:
- currently residing in the United States
- at least 17 years of age
- Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
- be married to U.S citizen or lawful permanent resident or child of U.S. citizen or lawful permanent resident
- provide supportive evidence that your spouse or parent would experience hardship if you were denied your I-601A waiver
- be able to leave the US to return to U.S. Consulate to receive an immigrant visa status
- have not been involved in moral misconduct such as fraud, misrepresentation, and convictions of crimes
- have not been told to deport the country or voluntarily departed the US
- not in any proceedings regarding deportation
- not currently an applicant of adjustment of status
- does not have an immigrant visa interview scheduled at US consulate abroad currently
If USCIS approves your I-601A waiver for unlawful presence, then in order to get your green card you must leave the United States and go to a US Consulate abroad to apply for an immigrant visa. This is why it may be extremely beneficial for you to file an I-601A waiver. You’ll be able to legalize your immigration status by simply meeting the requirements.
If you believe that you should file for an I-601A, it is important to work with an experienced immigration lawyer to help you through the process. Filing for an I-601A waiver can be extremely difficult and strenuous, let us help you figure out how you can successfully turn your situation around from a negative one to a positive one.