Hundreds I-601A Waivers Approved In 2015
In March of 2013, President Obama fixed a problem that had been haunting many families. Certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens that entered the U.S. illegally can apply for a provisional unlawful presence waiver (I-601A) in order to return to the U.S. quickly after the consular interview. In fact those that have been granted an I-601 waiver return home after just 3 weeks following the consular interview.
Best of all this entire waiver may be requested before they leave the United States for their consular interview.
The reason that his new I-601A waiver is so important is that ,under prior law, foreign nationals who entered over the border or entered with certain visas (C,D and some J) , lost their right to adjust status from a non-immigrant or no status to an immigrant (Green Card) and must travel abroad to obtain an immigrant visa. If the Individuals accrued more than 180 days of unlawful presence while in the United States they must obtain a waiver of inadmissibility to overcome thethe 3/10-year bar to re-entry. under the Immigration and Nationality Act before they can return.The “kicker” is that prior to Obama’s executive order creating the I-601A waiver, the immigrant could not apply for a waiver until after they have appeared for their immigrant visa interview abroad.
This means that they would have to remain abroad, anywhere between three to ten years, unless the U.S. citizens is granted a waiver. The processing time for these waivers can take over a year; a long time to separate families.
The provisional unlawful presence waiver (I-601A) process allows immediate relatives who fall into this category to wait in the U.S. until the waiver is approved. Only then is the consular interview scheduled. This new process was developed to shorten the time that U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.
Our office has had hundreds of these I-601A waivers approved. We can help you too.