On January 3, 2013, the Department of Homeland Security published a regulation allowing immediate family members of U.S. citizens who entered the U.S. without inspection, or are otherwise ineligible to adjust their status in the U.S. due to unlawful presence, to apply for “form I-601A provisional waivers” in the United States. Once their waivers are approved by the USCIS, they will be eligible to attend their appointments for immigrant visas (green cards) in their countries of origin.
The aim of this new program, which became effective on March 4, 2013, is to avoid having spouses and sons and daughters of U.S. citizens be separated from their families for months or even years while their waivers are pending.
Now, these family members will obtain their waivers before departing the U.S., will be interviewed abroad, and will then return to their families in the U.S. within just a few days or weeks.
I-601A Provisional Waivers is divided into the following topics:
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- Green Cards Through Marriage
- Green Cards Through Relatives
- Adjustment of Status
- Unlawful Presence Bars and Waivers
General Information – Provisional Waivers
- Provisional Unlawful Presence Waivers (USCIS)
- Regulations.gov Resources on Provisional Unlawful Presence Waivers
- State Department Cable: Supplemental Guidance for Processing I-601A Provisional Unlawful Presence Waivers (8-13-13)
- USCIS Memo: Response Time for Provisional Waiver RFEs Limited to 30 Days (3-1-13)
- Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives (DHS Regulation) (1-03-13)
- Eligibility for a Provisional Waiver
- I-601A Application Checklist
- Provisional Waiver Application Process
- Risks to Applying for a Provisional Waiver
- What to do if Application for a Provisional Waiver is Denied
- How to File the I-601 Waiver
- Re-entry to the U.S. After Deportation
- Unlawful Presence in U.S. Consequences
- Green Card Applicants Requesting Unlawful Presence Waivers
- Circumstances for a Permanent Bar to Immigration
- Immediate Relative to a U.S. Citizen?
Videos – Provisional Waivers
- Unlawful Presence Bars and Waivers Unlawful presence can complicate your return to the U.S., and applies to persons who: (1) entered the U.S. without inspection; (2) overstayed their visa; or (3) violated their temporary visa status if the violation was officially cited by the government.
- I-601A Provisional Unlawful Presence Waivers The new Provisional Unlawful Presence Waiver (I-601A) allows eligible immediate relatives of U.S. citizens to apply for a waiver while in the U.S. before going to their home countries for their green card interviews.
Articles and Reports – Provisional Waivers
- How An Immigration Processing Tweak Will Keep American Families Together (1-15-13)
- Program Brightens Future of Utahns Living in the Shadows (1-3-13)
- New Rule Makes Residency Easier for Immigrants with US Kin (1-02-13)
- Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process (USCIS) (1-02-13)
- USCIS Denying Many I-601A Provisional Waiver Requests Because of Possible Other Grounds of Inadmissibility (7-02-13)
- USCIS Meeting with the American Immigration Lawyers Association (10-23-13)
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Green Cards Through Employment
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening an 8 attorney firm specializing in immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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