I-601A Provisional Unlawful Presence Waiver
Have you been unlawfully in the U.S. for more than six months? Are you an immigrant with no criminal record? Do you have a parent or spouse who is a United States citizen? Would it be extremely difficult for your family member if you were separated for a long period of time? If so, the new process for obtaining a green card as an immediate relative of a U.S. citizen could be available to you.
Before March 4, 2013, individuals who wished to waive an unlawful presence ground of inadmissibility could not file a waiver application until after they have traveled abroad, been interviewed at a U.S. consulate, and an officer had determined that they are both inadmissible and eligible for a waiver. The Provisional Unlawful Presence Waiver greatly improved the situations for certain immigrants.
The new process permits eligible applicants to submit a Provisional Unlawful Presence Waiver with the United States Citizenship & Immigration Services while still in the U.S. If you receive an approval of the waiver, then you may choose to move forward with the immigrant visa process, and depart the U.S. for your home country to attain your immigrant visa (possibly in a matter of a couple weeks!).
This rule only applies to individuals who are subject to an unlawful presence bar, and no other bar to admissibility.
Individuals looking to take advantage of this new process must:
- Be 17 years of age or older;
- Be an immediate relative of a U.S. citizen;
- Have an approved I-130 petition, or approved I-360 petition;
- Have an immigrant visa case pending with the Department of State;
- Pay the processing fees ($230 and $88);
- Be able to demonstrate that separation would cause extreme hardship to their eligible spouse or parent;
- Be present in the U.S. to file the application and to provide fingerprints;
Call us today at (303) 495-2013 to determine whether you are eligible for this new program and how we can assist you in the process!