Looking to stay with your family in the United States after overstaying?
The I-601A Provisional Waiver is a process designed to allow certain immediate relatives of U.S. citizens who are ineligible for lawful permanent residency (green card) due to unlawful presence in the United States to apply and obtain approval for a provisional waiver of the unlawful presence bar before leaving the U.S. to apply for an immigrant visa at their home country.
Eligibility
To be eligible, an individual must be an immediate relative of a U.S. citizen or Legal Permanent Residents, which includes spouses, parents, and unmarried children under 21. A provisional waiver is also available for employment beneficiaries and diversity lottery winners. The individual must have an approved immigrant visa petition (form I-130) and have no other inadmissibilities.
Unlawful Presence
The provisional waiver is specifically for individuals who have been unlawfully present in the United States for a continuous period of more than 180 days. Voluntarily departing the U.S. triggers the 3 or 10 year bar even if it is to attend an immigrant visa abroad.
Consular Presence
The I-601A Provisional Waiver is filed and adjudicated while the individual is still in the United States before they depart for consular processing of an immigrant visa.
Stateside Processing
Unlike the traditional I-601 waiver process, where individuals would have to leave the U.S. first and then apply for a waiver from outside the country, the I-601A allows for stateside processing, drastically reducing the time of separation from family.
Approval and Departure
If the provisional waiver is approved, the individual can then depart the U.S. to attend an immigrant visa interview at a U.S. consulate in their home country. If successful and no other grounds of inadmissibility are found by the consular officer, the immigrant will re-enter the U.S. with an immigrant visa and receive the green card at their home address.
Risk of Denial
It’s important to note that approval of the provisional waiver does not guarantee approval of the immigrant visa at the consular interview. There is still a risk that the immigrant visa could be denied on other grounds, which is why it is necessary for an experienced immigration attorney to review the case for other inadmissibilities.
What are the steps of the I-601A Provisional Waiver?
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HBM Law is an immigration-focused law firm representing foreign nationals, couples, and their families. We are bilingual lawyers specialising in U.S. visas, green cards, citizenships, waivers, and beyond. If you’re in need of compassionate, practical, and professional legal advice, our team looks forward to hearing from you.
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If you have searched “immigration lawyer near me in Iowa,” you might have come across our HBM Law Offices based in West Des Moines (IA) known for being the immigrant’s immigration lawyer in the community of Iowa. With regional touch points in Iowa, Singapore, and India, we have been representing clients nationwide and across the world since 2012.
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HBM Law is one of Iowa’s few immigration law firms who are predominantly immigrants with a laser focus on family immigration. We stay ahead of all things on immigration practices in U.S. immigration law. Our immigration firm offers specialized care and attention for immigration matters that are difficult to find elsewhere in Iowa.
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We guide you every step of the way with tailored legal advice and support including green card, citizenship, fiancé(e) and spouse visa applications, waiver for unlawful presence (I-601A provisional waiver), fraud, misrepresentation, VAWA, removal of conditions (I-751 waiver), vaccination waivers, naturalization medical exemptions, and more. Our consistent 5-Star track record demonstrates our commitment to achieving successful outcomes for families.
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Principal immigration attorney, Himani Bhardwaj, is an Indian national who became a naturalized U.S. citizen in 2010. The HBM law firm’s team understands the unique cultural and linguistic needs of immigrants and their families navigating the United States legal system. We are by your side to advocate for your rights ensuring your applications are handled with respect and compassion.
Although the services listed above are the common ones, we do represent clients on a case-by-case basis. Each situation is special and deserves personalized attention. We’re here to listen and to understand your story on an individual basis. We encourage you to reach out and share more about your story with us. Your story matters, and we’re eager to hear it and help in any way we can.
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Our dedicated and experienced team knows I-601A Provisional Waivers inside and out, helping thousands of cases with a near 100% success rate. Contact us today for a consultation.
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