Provisional Unlawful Presence Waiver – I-601A
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Beginning on March 4, 2013, the undocumented spouses, parents, and children of U.S. citizens will be allowed to apply for an I-601A provisional waiver of their unlawful presence with the United States Citizenship and Immigration Services while remaining in the United States. Among the many benefits of this waiver is the shortened time that applicants are away from their immediate relatives who are U.S. citizens.
Prior to the I-601A Provisional Waiver, undocumented family members needed to apply for the required waiver from their home country and obtain an immigrant visa. Under the prior law, individuals who had accrued 365 days or more of unlawful presence within the United States needed to obtain a waiver of inadmissibility so that they could later return to the United States. Prior to March 4, 2013, immediate relatives could not apply for a waiver until they had obtained an immigrant visa interview in their home country and wait long periods of time apart from their families while the government adjudicated their waiver application.
Under the new regulation, the undocumented spouse, parent, or child under 21 of U.S. citizens can now apply for the I-601A unlawful presence waiver here in our country, remaining together with their families, while awaiting the government’s decision. Upon government approval, the spouse, parent, or child must still return to their home country and receive their immigrant visa from the U.S. consulate. Upon admission back into the United States, these family members will be admitted as lawful permanent residents. After a certain period of time as a lawful permanent resident, the family members will become eligible to naturalize as U.S. citizens.
The I-601A Provisional Waiver application is not a simple application, and the assistance of a competent immigration lawyer is highly recommended. At Valverde and Rowell P.C. we have submitted many successful I-601A unlawful presence waiver applications and have the expertise in immigration law to guide you in this complicated application. Contact us now to schedule a consultation with one of our immigration lawyers.
Bradford A. MillerAssociate at Valverde & Rowell, P.C.
Hugo Raul ValverdePartner at Valverde & Rowell, P.C.
R. Barry RowellPartner at Valverde & Rowell, P.C.
Andrew J. ReigelAssociate at Valverde & Rowell, P.C.