I-601A Waiver Attorney In New Jersey & New York

Acceptance of the I-601A, Provisional Waiver, application began on March 4, 2013. It provides a means by which immediate relatives of U.S. citizens who entered the U.S. without inspection can undergo consular processing without the risk of being subject to the "3 and 10 year bars".

This means that if the waiver is granted, immediate relatives can go to their home country without the fear of not being able to return to the U.S. Traditionally, individuals who require a waiver have had to wait in their home country for months -- even years -- while the waiver was adjudicated. However, now, under the I-601A, certain individuals can apply in the U.S. prior to their interview at the consulate abroad. Upon receiving an I-601A approval, the applicant must go abroad for his or her consular interview and wait only a few days or weeks before returning to the U.S. This reduces both the length of time families are separated and the risk that the applicant will not be allowed to return to the U.S.

In order to be eligible, the applicant must be inadmissible solely due to unlawful presence.

If USCIS has a "reason to believe" the applicant is inadmissible on grounds other than unlawful presence, the I-601A may be denied. As a result, we will take special care to analyze any arrest, criminal conviction, or immigrant apprehension in detail before applying for the I-601A Provisional Waiver.

Individuals with simple misdemeanors should not be deterred from applying. Our office will gladly do an FBI print request and assist you with obtaining a judgment and conviction document as well as acquire evidence of a sentence imposed or received in order to determine your eligibility for the I-601A and proceed with your application process.

In order to qualify for the I-601A, you must meet ALL of the following requirements:

A. Be an Immediate Relative: The I-601A, Provisional Waiver applies to applicants who are seventeen years of age or older and:

(1) who are children or spouses of U.S. citizens
or
(2) who are a parent of a U.S. citizen who is 21 years old or older. Stepchildren and (when appropriate) widows are eligible to apply if they are immediate relatives.

B. Be physically present in the U.S.: Applicants must be present in the United States when filing the I-601A and appear for their fingerprints to be taken.

C. Have an approved immediate relative visa petition: Prior to filing the I-601A, an I-130 or Form I-360 must be approved and immigration fees paid as a condition precedent to filing the waiver.

D. Demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent: USCIS analyzes several factors to consider extreme hardship, such as health concerns, financial considerations, educational opportunities, personal considerations, and other special factors. Evidence of hardship in one or more of these areas must affect your U.S. spouse or parent in the event of your refusal of admission to the U.S. We take special care to request all your spouse or parent's medical records, and request letter's from medical professionals and experts in support of your case. Our detailed research and findings will allow USCIS to understand the extreme hardship that your immediate relative will suffer if you are refused admission to the United States.

E. Have a pending immigrant visa case with the U.S. Department of State and have paid the immigrant visa processing fee: We will meticulously prepare your immigrant visa case and assist you with paying the visa fees.

F. Have not been scheduled for an immigrant visa interview before January 3, 2013.

Filing for the I-601A, Provisional Unlawful Presence Waiver, can be complex process. Upon receiving an I-601A approval and consular interview, the applicant may return to the U.S. and immediately become a lawful permanent resident. If you entered without inspection and have an immediate relative, contact us for a consultation. If you qualify for the I-601A, you may be eligible to receive a green card. If you do not qualify for the waiver, we will explore what other options may be available for you.