Why The I-601A Waiver Is Necessary
In the past, undocumented immigrants who were unable to prove that they had entered the country lawfully had to leave the U.S. before they could interview for a green card, even if their spouse was a U.S. citizen. This process is called consular processing. For undocumented immigrants who had been in the United States unlawfully long enough, a three- or 10-year ban to reentry would be invoked. The only way to get around the ban to reentry was to apply for a waiver from outside of the U.S. This process often took several months with no guarantee of approval. That separation created financial and emotional hardships for the immigrants, and their U.S. spouses and families. The consular processing of the I-601A waiver was created to deal with this situation, and make it easier and faster to acquire citizenship.
I-601A Provisional Unlawful Presence Waiver
Since March 4, 2013, certain immigrant visa applicants who are spouses and children of U.S. citizens (immediate relatives) can apply for I-601A Provisional Unlawful Presence Waiver before they leave the United States to consular process through the American consulate in their native country. 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. At Muchnicki & Bittner, LLP, we greatly welcomed the introduction of this new waiver process that greatly shortened the time that families have to spend apart while consular processing, and we are very pleased to have helped our clients obtain legal permanent residency through this process. We can help you determine if this waiver is right for you and your family member, and prepare this application for you.
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If you or your spouse is in need of an I-601A Provisional Unlawful Presence Waiver, we can help.
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Our Legal Team