IMMIGRATION LAW

Provisional Unlawful presence waiver

The provisional unlawful presence waiver is a great program for permanent residence for people who entered without a visa, or with certain visas such as crewman’s (C1, D1), for K1 (Fiancée visa) overstays, and for those whose spouses are permanent residents and are unable to adjust status in the US.

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Why is the Unlawful Presence Waiver so great?

Because now, with the provisional Unlawful Presence waiver, an immigrant awaits the whole process while in the US. The only time an immigrant needs to spend outside the US would be for no more than 4-5 weeks.

Prior to March 2013, immigrants who entered the country unlawfully, or overstayed certain visas had almost no venues to legalize their stay in the United States. Generally, individuals who remained in the United States unlawfully for more than 1 year are subject to a ten-year bar. Before the only way for certain immigrants to apply for a waiver was to leave the United States and wait for the approval abroad. And thus families had to remain apart for multiple years.

Who is eligible for the Provisional Unlawful presence waiver?

1. Are the spouse of a United States citizen, or, are the child of a United States citizen parent, and

2. USCIS approved your Form I-130

3. Prove extreme hardship to your U.S. citizen/LPR spouse or parent.

4. Not have been scheduled for an immigrant visa interview before January 3, 2013.

5. Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e)

Who does NOT qualify for the waiver?

1. Entered the United States unlawfully more than once,

2. Had a previous order of removal, and a subsequent unlawful entry,

3. Conviction of those crimes, for which there is no waiver (e.g. aggravated felonies, certain drug offenses

For a more detailed explanation of the program and for an evaluation of your case, feel free to call us for a consultation.

What happens once USCIS approves my Provisional Unlawful presence waiver I601?

Once USCIS approves, then you need to submit all required documents to the NVC. Once NVC reviews your submission, you will need to attend your interview at a US Consulate abroad.

How long does it take for the I-601A waiver approval?

It depends on which service center has it. At the Nebraska Service center 22-27 months. At the Potomac Service center, 30-38 months.

What is the difference between an I-601 and the I-601A waiver?

Although the names are very similar, those waivers serve a different purpose. The I-601 waiver is for individuals who are outside the US, and who have already attended their IV interview. The I-601 waiver can be used for multiple inadmissibility issues and not only for unlawful presence.
The I-601A is only for individuals who are inside the US, and the only ground of inadmissibility waivable is unlawful presence. There are no other grounds covered by the I-601A.

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