New York Lawyer's Legal Updates

I-601A Provisional Waiver Procedure

Author: Provisional Waiver Attorney Alena Shautsova

In January 2013 USCIS implemented a new provisional waiver application that came into effect on March 3, 2013. Recently, the waiver was expanded allowing more applicants to qualify for it.

The I-601A provisional waiver allows certain relatives of the US citizens and spouses or children of lawful permanent residents to apply for a waiver of unlawful presence in the United States and wait for the result of the application without leaving the country.

The waiver forgives unlawful presence to those applicants who have approved family, employment or DV lottery visa petitions but either entered the country illegally or (in case of employment and DV lottery) overstayed their visas in the US.

The procedure of applying for a waiver is detailed in government resources below. Only those applicants who can demonstrate extreme hardship to their qualifying relatives can benefit from the waiver.

The process for the waiver would actually start with filing of the family, employment or a DV lottery petition. An applicant must comply with this process and pay an immigrant visa fee prior to submitting the waiver. Once the waiver is submitted, USCIS informs NVC about it and the case “freezers” until the time the waiver is adjudicated.

After approval, the applicant should submit necessary documents to the NVC, including affidavit of support, and police background reports. The NVC will schedule an immigrant visa interview for the applicant. He/she will have to travel to his country for about 2 weeks and upon receipt of an immigrant visa would return to the US in a permanent resident status.

USCIS resources for successful I601A application:

I601A provisional waiver allows certain non-citizens to wait for the results of the waiver application for 3/10 unlawful presence bars in the US.

Here are the government resources that can help to submit a successful application:

05 May 2014
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