Am I Eligible for an I-601A Provisional Waiver?

In the past, undocumented foreign nationals who were family members of U.S. citizens faced significant hurdles when attempting to obtain legal status. In some cases, undocumented aliens who departed the U.S. were denied reentry for up to 10 years.

Recent changes to U.S. immigration policy will now give spouses, children and parents of U.S. citizens (otherwise known as immediate relatives of U.S. citizens) the opportunity to apply for a provisional waiver that allows them to stay in the U.S. while their waiver application is pending.

The I-601A waiver - provisional unlawful presence waiver, may allow you to reduce the time your family is apart. At The Kasen Law Firm, LLC, we help families stay together while their visa applications are processed. For a free initial telephone consultation with a South Carolina I-601A waiver lawyer, please call 843-376-4085 or 888-370-5810 or contact us online. We are a full-service law firm with offices in Summerville, South Carolina, and Flushing, New York.

An undocumented alien who is an immediate relative of a U.S. citizen and has been in the country more than 6 months must meet certain criteria to be eligible for a provisional waiver:

  1. The applicant must be physically present in the U.S.
  2. The applicant must be 17 years of age at the time of filing.
  3. The applicant must be the beneficiary of an approved petition classifying him or her as the immediate relative of a U.S. citizen.
  4. The applicant must have a visa case pending with the Department of State.
  5. The applicant must show that deportation would result in extreme hardship, such as medical hardship or psychological hardship, to his or her U.S. relatives.
  6. The applicant must not have a serious criminal record and must have been living in the U.S. without documentation for a set period of time.

We will thoroughly review the facts of your case and your situation to determine if you are likely to qualify for this important waiver.

What Is the I-601A Application Process?

An application for an I-601A waiver is filed with the U.S. Citizenship and Immigration Services, a division of the U.S. Department of Homeland Security. Under the previous immigration policy, the applicant was required to leave the U.S. until a decision was made on whether to grant the waiver. Now, the applicant may remain in the U.S. while his or her application is pending. Once the waiver has been approved, the applicant must depart for an immigrant visa interview at the U.S. embassy or consulate in his or her home country.

We Are Here to Help: Contact Us in Charleston or NYC About a Provisional Waiver

It is important for families to remain together while visa applications are processed. Contact us online or call 843-376-4085 or toll free at 888-370-5810 for a free telephone consultation to learn how we can help. With offices in Summerville, South Carolina, and Flushing, New York, we serve clients throughout the United States and around the world. We can make the difference.