What’s a provisional waiver?

What’s a provisional waiver? The provisional waiver allows individuals immigrating as relatives of U.S. citizens and permanent residents, lottery winners, and immigrant visa applicants in other categories to apply for a waiver of the three-and ten-year bars for unlawful presence before leaving the United States.

According to USCIS information, since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview.

On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.

Provisional Unlawful Presence Waivers – USCIS

To Apply for the I-601A Waiver in the US you must have a family petition (Form I-130) or VAWA self-petition (Form I-360) approved.

The Form I-601A application for provisional unlawful presence waiver must be submitted to USCIS. The required documents and the fee will also include in this application.

USCIS will inform the NVC once it approves the application for a provisional waiver. The applicant can then leave the US and proceed with the interview for the immigrant visa abroad.

In case the application for a provisional waiver is denied, the applicant can review the reasons for the denial, appeal, or apply again.

The I-601A waiver form is filed by immigrants to waive their inadmissibility to the United States on the grounds of unlawful presence. Immigrants who are otherwise banned from obtaining a Green Card can apply for this waiver by filling out Form-1601A.

That means USCIS accepts this form if the ground of inadmissibility is based on unlawful presence. Eligible applicants are in general relatives of US citizens and permanent residents, or Diversity Visa Lottery winners.

Immigrants who apply for this form eventually must leave the United States and have an interview with a Consular Officer to obtain the immigrant visa. The form can be filed while the immigrant is in the United States before he or she leaves for the Consular Interview.

Eligibility for the I-601A Waiver:

• Prove physical presence of the applicant in the US while submitting Form I-601A;
• The Applicant should at least be 17 years of age;
• Have an eligible family member (parent or spouse) who will suffer extreme hardship if your unlawful presence is not waived, in other words, forgiven;
• The Applicant should be able to provide evidence that in case of denial of the waiver, the applicant’s parent or spouse will suffer from extreme hardship;

Along with Form I-601A and the processing fee, the applicant will be required to submit evidence of eligibility in the form of documents. A detailed personal statement describing the hardships that the family will face if the waiver is denied is recommended.

What happens after I-601A waiver is approved?

Once the waiver is approved by USCIS, the applicant should receive a packet of information from the U.S. Embassy from the country of origin. The packet will instruct the applicant to schedule a new interview appointment at the consulate.

In other words, Form I-601A allows some immigrants to apply for a waiver for their unlawful presence in the US, without leaving the country.

The I-601A waiver is available for immigrants who have a parent or spouse who is a US citizen or Permanent Residence who will suffer extreme hardship if the waiver is not approved.

So, if the waiver is approved, the applicant can leave the United States for the Consular interview without facing serious immigration problems and wasting years trying to fix them.

Grounds of Inadmissibility Based on Unlawful Presence

• The applicant has been living unlawfully for 180-365 days in the US after the age of 18 years before voluntarily leaving the US, in this case, the individuals are not allowed to return to the US for a period of 3 years;

• The applicant has been living unlawfully in the US for more than 365 days after the age of 18 years before voluntarily leaving the country, in this case, this individual is not allowed to return to the US for 10 years.

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Related Link: USCIS