On January 3, 2013 the Department of Homeland Security announced a new regulation allowing individuals who have accrued unlawful presence in the U.S, to apply for a waiver of inadmissibility for the ten and three year bar.
WHAT IS THE PROVISIONAL WAIVER FORM I-601A?
The I-601A provisional waiver allows applicants with U.S. citizen or lawful permanent resident spouses or parents to apply for this waiver while physically present in the U.S. The provisional waiver serves to waive the 10 year or 3 year bars for unlawful presence. Before this waiver came into effect, family members would have to request the waiver outside of the U.S in their country of nationality away from their families causing family separation for an extended period of time. The I-601A provisional waiver allows for family unity while the waiver is processed in the U.S.
After the waiver is approved, the applicant through consular processing must depart the U.S and apply for their immigrant visa before an officer in their country of citizenship. The applicant departs with an approved I-601A waiver of inadmissibility. This allows for swift and expedient consular process.
IS THE PROVISIONAL I-601A WAIVER RIGHT FOR YOU?
In order to qualify for the I-601A provisional waiver, the applicant must show extreme hardship to a qualifying relative, specifically a U.S citizen or lawful permanent resident spouse or parent. Minor and adult children are not considered to be qualifying relatives for purposes of this waiver. The evidence submitted will be considered cumulatively to determine if it rises to the level of extreme hardship. To apply for a provisional waiver one requires ample documentation and specific knowledge of the process. For that reason it is important to entrust the work to an immigration expert who has processed numerous waivers successfully.
HOW MUCH DOES I-601A PROVISIONAL WAIVER COST?
USCIS requires that a filing fee of $630.00 be paid along with an $85.00 biometrics fee.