Tag Archives: I-601A
USCIS expands provisional unlawful presence waivers to LPRs
USCIS has announced that, beginning August 29, 2016, more persons will be eligible to seek an I-601A provisional waiver of unlawful presence. Eligibility for the I-601A waiver will be extended to spouses and children of lawful permanent residents. Eligibility will also extend to the spouses and children who accompany or follow to join the principal immigrants.
The full details of this expansion are available here.
Before this expansion, only spouses and children of U.S. citizens were eligible to apply for the I-601A provisional waiver of unlawful presence. Beginning August 29, 2016, spouses and children of lawful permanent residents, or “green-card” holders, will also be eligible to apply for the I-601A waiver.
The I-601A provisional waiver provides a significant advantage over the regular I-601 waiver. The main advantage is that the applicant may apply for the I-601A provisional waiver before leaving the United States to attend the interview for an immigrant visa at a U.S. Consulate or Embassy. As a result, the amount of time that the applicant spends outside the United States is greatly reduced, from a matter of months or years in some cases, to a matter of weeks in the majority of cases.
Please remember that this expansion of the I-601A provisional waiver of unlawful presence will not take place until August 29, 2016.
Applications for waivers are complex. I strongly suggest that you work closely with an experienced immigration attorney to handle your waiver application. I have years of experience handling many waiver applications with success. Please give me a call at the office at (734) 369-3131 or email me at mike@mcarlinlaw.com for more information.
The New Provisional Waiver
DHS has published the new provisional waiver rules. USCIS will begin to accept applications for provisional waivers on March 3, 2013.
The new waiver process allows certain people to apply for waivers in inadmissibility while remaining in the United States. If the waiver is approved, then the applicant goes abroad for an immigrant visa interview.
Provisional Waiver Expected Soon
We expect that the U.S. Government will soon publish a new procedure that will enable certain persons to apply for waivers while they remain in the United States.
Although we cannot be sure, we believe that the new procedures will be announced very soon, possibly as early as Monday. We do not yet know when the new procedure will take effect, but we believe that the new procedure will take effect soon.
As soon as the new procedure is announced, we will have more information about eligibility requirements and procedures.
DHS proposes helpful change to processing of some waivers
On January 6, 2012, the U.S. Department of Homeland Security (DHS) proposed changes in how some waiver applications will be processed. Please note that at this time, the changes are not yet in effect. We do not know when the changes will take effect, but we are hopeful that they might take effect later this year. Please consult with a knowledgeable immigration attorney before taking any action.
The Current Process
If you entered the United States without permission, and you have a spouse or a parent who is a U.S. citizen, in most cases you must leave the United States and apply for an immigrant visa in another country, usually your home country. Unfortunately, under U.S. immigration laws, when you leave the United States, you are barred from re-entering the United States for a certain period of time, usually 10 years (and in certain cases, 3 years). You may apply for an immigrant visa at the U.S. Consulate in another country, but you must also apply for a waiver of your unlawful presence in the United States. In order to be granted the waiver, you must establish that it would be an extreme hardship for your spouse and/or parent if you are not allowed to return to the United States. The process can take a long time, and sometimes requires you to be outside the United States for a year or more.
The Proposed Changes
If you have a U.S. citizen spouse and/or a U.S. citizen parent, and if you need a waiver only for your unlawful presence in the United States, DHS has proposed to allow you to apply for a provisional waiver while you are still in the United States. If DHS grants the provisional waiver, then you still must travel outside the United States and apply for an immigrant visa and the waiver at the U.S. consulate in the other country.
We hope that the proposed change will do a couple of good things for you, if you are eligible:
1. The proposed change will allow you to apply for the provisional waiver and see if DHS approves the provisional waiver before you leave the United States.
2. The proposed change will shorten the length of time that you will need to be outside the United States.
Please consult with a knowledgeable immigration attorney before taking any action.
The Waiver Process: Seeking a Pardon
Some potential applicants for permanent residence face certain barriers to being approved. Some of the most common roadblocks include entering the United States without permission, or remaining in the United States beyond the expiration of a visa. Some people qualify to ask for a waiver of the grounds that make them ineligible for permanent residence.
This area of immigration law has some complexities, and it is best to consult with an immigration lawyer about your particular situation.
Under the “Resources” section of our website, we have some brief documents that outline various aspects of Immigration Law.
Please take a look at our brief overview of the Waiver Process.