ACBA
The state Bar of California
Asian American Bar Association
American Immigration Lawyers Association
ATLA
Expertise
Expertise 2021

I-601A Provisional Waiver Can Be Submitted After March 4, 2013, Hire an Experienced Immigration Attorney Now!

On January 3, 2013, the DHS posted a final rule in the Federal Register, which will, as of March 4, 2013, allow immediate relatives of U.S. citizens who entered the U.S. without inspection to apply for “form I-601A provisional waivers” to waive the bar for their unlawful presence in the U.S. Once their waivers are approved by the USCIS, they will be eligible to attend their appointments for immigrant visas at the overseas consulates or embassies.

Under the current law, immediate relatives of U.S. citizens who entered illegally are not eligible to adjust status in the U.S. to become lawful permanent residents. In order to obtain immigration visas, they must leave the U.S. and obtain the visas abroad. However individuals who have incurred more than six months of unlawful presence while in the U.S. will be unable to return to the U.S. due to the “three- and 10-year bar” rule, unless they obtain a I-601 waiver to overcome the unlawful presence inadmissibility bar before they can return to the U.S. However, the I-601 waiver applications can only be filed after the individuals have departed the U.S. and appeared for an immigrant visa interview aboard. Often times, the adjudications are lengthy, and if the waivers were denied, the individuals will be barred from entry to the U.S. for minimum of three years from their date of departures.

Under the new law, the individuals can obtain their waivers before leaving the U.S., be interviewed abroad and return to their families in the U.S. within a short period.

For a better understanding of one’s eligibility and the filing procedure for the new I-601A waiver application, please refer to the DHS checklist.

For the ultimate question regarding your chance of an I-601A waiver approval, it depends on the facts of your case, and how well your I-601A waiver is documented by an experienced immigration attorney who could demonstrate “extreme hardship” to your qualifying relatives, in term of emotional, financial, medical, and many other factors.

Therefore, it is always wise to consult with an experienced immigration attorney who specializes in waivers before beginning the process. At The Law Offices of Derek Lim, we will be able to consult with you regarding your eligibility and advise you on our firm’s preparation of a well-crafted I-601A waiver application with the best chance of success!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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