Expert Immigration Waiver Lawyer in New York

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.

Immigration Lawyer New York City

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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We are very excited for our client’s adjustment of status grant and that he is now a permanent resident. This adjustment of status grant story is particularly successful, because the case was originally in Removal Court.
I am very excited for expediting my clients’ immigrant visa processing with the US consulate in Cuidad Juarez, Mexico. In the first case, the matter was pending after an I-601 waiver was filed for adjudication. Once the waiver was approved, the consulate was closed for a significant time due to the COVID-19 pandemic.
Congratulations to our client and her spouse for having just been issued an Immigrant Visa at the US Consulate in Guatemala City, Guatemala. After being in the US for about 7 years, our client was able to go back to her country of origin to see her family again and attend her immigrant visa interview.


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3rd Floor, Port Chester
NY 10573.


(914) 481-8822


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16 King Street
3rd Floor, Port Chester
NY 10573.


(914) 481-8822



Genova Law obtiene resultados para sus clientes! Tomamos cada caso personalmente y luchamos para obtener el resultado de sus sueños.

¡No esperes!