BREAKING NEWS: As of August 29, 2016, the Provisional Waiver application (Form I-601A) will be expanded to anyone who has the three or ten year unlawful presence bar and who has an LPR (green card holder) parent or spouse or a U.S. citizen (USC) parent or spouse who will suffer extreme hardship if the waiver application is denied. The immigrant visa petition no longer has to be filed by an immediate relative (to benefit a spouse, child under 21 or parent of US citizen). The Provisional Waiver is now available to the following categories – green card applications based on LPR parent sponsorship, adult children of US citizens who are married or unmarried, or an immigrant visa petition filed by a US citizen brother or sister. These are new categories in addition to those previously allowed.
I-601A Provisional Waivers of Inadmissibility
On March 4, 2013 (and through the present time), certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.
Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States. Under the existing waiver process, which remains in effect, immediate relatives cannot apply for a waiver until after they have appeared for an immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States. Immediate relatives of U.S. citizens who are eligible for the new provisional unlawful presence waiver can still choose to apply for a waiver using the existing process by filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, after a DOS consular officer has determined that he or she is inadmissible to the United States.
The I-601A Provisional Waiver application allows for individuals who entered the United States without inspection, and who otherwise do not qualify for adjustment of status under section 245(i) of the Immigration and Nationality Act, with an opportunity to obtain lawful status based on their qualifying relationship to a U.S. Citizen. While the program requires that applicants return to their home country for a visa interview, it is a good alternative for those who are without any other options under the law.
If you are married to a U.S. Citizen or are under 21 years old and have a U.S. Citizen parent, contact Perez, Perez & Perez, P.C. today to determine if the Provisional Waiver program is a good option for you!
A Note on Traditional I-601 Waivers of Inadmissibility:
Waivers of inadmissibility are required for certain cases that have any of the following issues involved:
- Criminal and Related Grounds;
- Health-related Grounds;
- Misrepresentation Grounds;
- Public Charge Grounds; and
- Unlawful Presence Grounds (three- and ten-year-bars).
In order for a waiver application to be approved, the applicant must establish that his qualifying family member (either a U.S. Citizen or Lawful Permanent Resident spouse, child or parent depending on the basis for the inadmissibility charge) will suffer extreme hardship if the application is denied.
Generally speaking, applicants who appear for their adjustment of status interview or their immigrant visa interview abroad are caught off guard when an officer informs them that they have to file a waiver application in order to overcome their specific inadmissibility issue. It’s always disappointing for the applicant, as their interview day was supposed to be one of excitement and happiness. Instead, the unsettling reality of the waiver requirement is thrust upon them.
In most instances, the officer in charge of the case will inform the applicant that they have 30 days to submit their waiver application. It is extremely important that the applicant immediately seek assistance from a qualified immigration attorney who has the requisite experience in handling complex waiver cases. In order to properly prepare and present a waiver application, weeks and sometimes months are needed to collect, evaluate and organize the evidence.
Bryan J. Perez has successfully processed countless waivers throughout many U.S. Field Offices and Consular Offices abroad. Bryan emotionally invests himself in each waiver client that trusts him to salvage their existence in the United States. He spends many hours meeting with his waiver clients, both to prepare their application and to get to know, first-hand, the pain and suffering they are experiencing.
Bryan has proudly represented parents, spouses and children of U.S. Citizens and Lawfull Permanent Residents in their pursuit of an approved waiver. He has successfully filed appeals of previously denied waiver applications that were handled either pro-se or by another attorney.
“There is nothing quite as rewarding as the feeling I get when one of my waiver cases is approved. I thrive off of the pressure to keep families together. Being that I am so close with my own family, I try to put myself in every one of my waiver clients’ positions. By investing so much of myself into each client, I get just as much joy out of an approval as they do.” –Bryan J. Perez, Esq.
If your case has been presented with the requirement to file a waiver, Perez, Perez & Perez, P.C., is ready to assist you. DO NOT DELAY! Time is of the essence in waiver proceedings, as evidence must be obtained, reviewed and prepared for submission.
Call today for a waiver consultation with Bryan J. Perez, Esq.