Provisional Unlawful Presence Waivers
Before departing the country for their consular interview, certain immigrants who are spouses, children, or parents of citizens of the United States may petition for a provisional waiver of unlawful presence. All individuals statutorily qualified for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States are now included in the process for a provisional waiver of unlawful presence.
Non-citizens who are unable to change their status within the country must leave the country and apply for an immigrant visa. In order to get around the unlawful presence bars, anyone who has spent more than 180 days in the country illegally needs to acquire a waiver of inadmissibility. Non-citizens often aren’t allowed to request for a waiver until after their immigrant visa interview overseas and the Department of State’s (DOS) decision that they are inadmissible to the country. Immediate relatives, family-sponsored immigrants, and employment-based immigrants who are statutorily eligible for an immigrant visa but only require a waiver of inadmissibility for unlawful presence are able to apply for that waiver in the United States prior to leaving for their immigrant visa interview thanks to the provisional unlawful presence waiver process.
This new procedure was created to reduce the amount of time that family members of American citizens and lawful permanent residents are kept apart from their relatives while those relatives apply for immigrant visas to become lawful permanent residents of the country. Our provisional unlawful presence waiver immigration lawyers in Van Nuys speak your language and explain the complicated aspects of immigration waivers in a way you can understand. We will walk you through every step of the process.
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Due to the strict requirements and evidentiary requirements set by USCIS, waivers are exceptionally challenging to get. Because of this, we prepare meticulously thorough waivers that exceed the highest standards set by immigration judges, USCIS, and/or U.S. consulate officials. Contact us to schedule a consultation with an expert unlawful presence waiver lawyer. We’ll go over the details of your case and explain how our excellent preparation can assist you in getting your waiver of forgiveness for numerous immigration offenses.
The provisional unlawful presence waiver permits the individual to stay in the United States while USCIS decides whether to grant the waiver, and only when the waiver is granted may the individual depart the United States to attend their immigrant visa interview.
A person must satisfy all of the following requirements in order to be eligible for the provisional unlawful presence waiver:
- Age minimum of 17 years old
- Be physically present in the US
- Have a Department of State (DOS) immigrant visa case that is still waiting:
- If you are the primary beneficiary of a Form I-130, Petition for Alien Relative, Form I-140, Petition for Alien Worker, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, that has been approved, paid the processing fee to DOS, and you are currently pursuing your immigrant visa, this statement applies to you.
- Have been chosen by DOS to take part in the Diversity Visa (DV) Program (you have been chosen to participate in the DV Program), and you are presently working to secure your immigrant visa.
- If you are the spouse or child of a principal beneficiary of an approved immigrant visa petition and you have paid the immigrant visa processing fee to DOS, or if you are the spouse or child of a DV Program selectee (i.e., a DV Program derivative) and you are currently applying for your immigrant visa.
- Not be subject to any other grounds of inadmissibility
The provisional waiver, which is only available for spouses and children of US citizens, would allow you to stay in the country while your waiver is being considered. The process is simplified and streamlined, to help people in this situation obtain waivers more quickly and without having to leave the country. However, once the waiver is approved they will be required to go back to their home country to get their visa stamped in the passport and re-enter the United States legally to become a permanent resident.
Extreme hardship is not specified by law and varies depending on the application. USCIS typically looks for any of the following elements:
- A qualifying relative's serious medical condition prevents them from moving abroad
- A qualifying relative is unable to travel overseas due to a serious medical condition and cannot be left alone
- The qualifying relative would be unable to work overseas, forfeit all benefits, and experience financial hardship
- Caregiving for others in the United States, such as elderly parents or young children, makes a relative eligible
- Relative who meets the requirements won't be eligible to pursue further education
- Other challenging elements
For LGBTQ couples, it will also be useful to provide details on the potential abuse that the US citizen/LPR may experience if made to reside in the foreign spouse's country if they are from a nation that persecutes or stigmatizes them.
Van Nuys I-601A Waiver Immigration Lawyers Helping You Expand Your Eligibility
A skilled and competent waiver I-601A application lawyer in Van Nuys can guide you through the procedure and offer priceless legal and technical counsel. They may assist you in completing the relevant paperwork, acquiring the required supporting materials, and making sure your filings adhere to all regulations.
The unlawful waiver attorneys at the Law Offices of Hussain & Gutierrez are skilled negotiators in federal litigation that involves any aspect of immigration law. You can only go through the new and challenging I-601A conditional unlawful presence waiver process with the assistance of an expert. We provide complete, distinctive, and strategic solutions for our clients’ immigration needs, ranging from family-based visas to employment-based recruitment and visas.
Our attorneys have a great deal of knowledge about the provisional legal status procedure and will get you the outcome you want. We will assist you in obtaining the authorizations required to maintain your family’s unity.
Have a question? Ask our immigration attorney specializing in waivers
An I-601A waiver application is typically processed in 4 to 6 months.
The US embassy in the applicant’s country of origin should provide them a packet of information once USCIS has accepted the waiver. The applicant will be given instructions in the packet on how to schedule a new interview time at the consulate.
Nearly 75% of all application for Provisional Unlawful Residence Waiver Form I-601A acceptance rates granted.
Any basis of inadmissibility may be attempted to be waived by submitting Form I-601. In contrast, the use of Form I-601A is limited to attempts to waive unlawful presence-based inadmissibility. An instance where this happens frequently is when a person enters the country unlawfully and remains there physically but has no legal standing.
You may get a Notice to Appear (NTA) for a deportation hearing if USCIS rejects your I-601A. An NTA is granted in accordance with current USCIS standards whenever an alien who is in the country illegally is refused an immigration benefit, which typically applies to those who request I-601A waivers.
