601a Waiver Processing Time 2020

citizens are eligible to request a provisional waiver of unlawful presence. As of June 30, 2016, the NBC was processing cases initiated December 30, 2015. Whereas in the old process individuals had to depart the United States before they could apply for the waiver, the I-601A process allows immigrants to apply for the waiver and wait for a decision before departing the United. We have over 25 yrs experience helping documented individuals to stay with their families in the United States. An individual will only be eligible to qualify for the I-601A waiver if the individual has a United States citizen spouse or parent. without permission cannot get permanent residency based on a petition filed by a U. citizens are separated from their immediate relatives who engage in consular processing abroad. S citizen or lawful permanent resident (LPR) spouses and parents to qualify for provisional waiver processing. Posted on January 27, 2020 January 27, 2020 Author linlawfirmusa Leave a comment On Dec. Legal immigration issues are important and the process can become complicated and stressful if they are not managed correctly. be the beneficiary of an approved I-130 visa petition; d. We watched numerous people turned away due to not having necessary documents", Loera stated. I-601A Provisional Waiver Processing Time. How long is the wait for them to review document for a response. citizens and lawful permanent residents (with immigrant visas that are immediately available) to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate. Once the I-601A is approved, the applicant returns to their home country to finish their processing (normally a few week process) and is then eligible to return to the US without the fear of the 3 or 10 year ban. Though the responsibilities of the visa application must still be met, this waiver can help keep families together for longer periods of time while the review takes place. Citizenship and Immigration Services temporarily suspended routine in-person services on March 18, 2020. The National Benefits Center (NBC) will no longer process any Form I-601A applications. The main difference is that you can apply for the I-601 from inside or outside of the United States; for the I-601A, you have to be … I-601/I-601A Waivers Read More ». I-485 Processing Times and Timeline. Departing the U. I-601A is an immigration form that allows certain relatives of United States citizens or permanent residents to request a waiver of the multi-year bars for unlawful presence before they leave the US instead of after. "Visiting Juarez to handle an I-601A immigration waiver is a stressful process. Here is the main difference between the two: One is filed outside of the U. citizen, and whose only basis for inadmissibility is unlawful presence in the U. I-485 Filed: 11/29/2017; I-485 Approved: 10/10/2018; Total time for approval: about 10 months. I-601A Rules Expanded effective 8/29/2016. This final rule builds on a process established in 2013 to support family unity. In past years, in order to process a Waiver for Unlawful Presence, it was required that applicants remain outside the United States until a Department of State (DOS) consular officer could interview them and determine inadmissibility before reviewing their waiver application. In this video, Attorney Jacob Sapochnick Esq, will explain the I-601A waiver process for a spouse that is outside of the United States. In past years, in order to process a Waiver for Unlawful Presence, it was required that applicants remain outside the United States until a Department of State (DOS) consular officer could interview them and determine inadmissibility before reviewing their waiver application. The provisional waiver allows the immediate family members of a U. On March 4, 2013, U. That processing time has more than doubled over the last five years. The president's reforms would offer expanded Differed Action for Childhood Arrivals (DACA) and created a new category for parents of US citizen children,. Keep in mind that the processing time is always subject to change regardless of where it's been filed. please note that the provisional waiver process is not in effect yet! DHS should provide more information about the program in early 2013. From March 01, 2020 to March 20, 2020, USCIS will require employers to electronically register for the H-1B visa lottery. This final rule builds on a process established in 2013 to support family unity. You can apply for an I-601 waiver from either inside the U. with six months or one year of disqualifying unlawful. When the I-601A waiver is approved, the applicant is required to leave the United States for the immigrant interview with U. Strategies for Pursuing an I-601A Waiver in Removal Proceedings After Matter of Castro-Tum Updates Regarding the I-212 and I-601A Waiver Combination and the Risk of Arrests at USCIS Interviews Expert Tips for Preparing Waiver Packets in Light of the June 2018 RFE and NOID Guidance. Unlawful presence waivers make it possible for you to remain in the U. After USCIS approves your petition, they will transfer your case to the Department of State's National Visa Center (NVC) for pre-processing. Fee: $585 for the I-601A waiver application and $85 for the biometrics processing. What is the current processing time from the date you receive an I-601A? What are your goals? The NBC was processing Forms I-601A as of October 11, 2016 on February 28th, 2017. Under those rules, immigrant visa applicants in the U. We filed ours in August 2019 and are still waiting. 20061901 | Dated June 18, 2020 Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division at the U. Many people find that their waiver is denied. Sapochnick is dedicated to serving our clients with a range of legal services including Immigration and Visa cases. If the waiver is approved, many people go to Juarez totally unprepared for the interview. ALERT: On March 31, 2020, we moved to a visa availability approach in the inventory management of pending Form I-526. You cannot apply for a Form I-601 until after you attend your immigrant visa interview and. USCIS announced that the Potomac Service Center (PSC) will be processing Form I-601A, Application for Provisional Unlawful Presence Waiver. Please continue reading and reach out to our experienced Wisconsin immigration firm to learn more about the reopenings and how this may …. (DUE TO A CHANGE IN THE USCIS REGULATION, AN UPDATE OF THIS ARTICLE WAS PUBLISHED ON NOVEMBER 7, 2016. i-601 and i-601a waivers of inadmissibility The document that qualify you as "admissible" during the process to obtain a Green Card In order to obtain U. But that is not the last step necessary to obtain permanent residency or to enter the U. Is anyone going through the process of applying for I 601A waiver. I-601A Hardship Waiver Letter of Approval. citizens and lawful permanent residents (with immigrant visas that are immediately available) to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate. citizen or permanent resident green card holder. The I-601A waiver allows you to apply for the waiver from in the United States before going to the consular interview. The 2016 Rule will expand the eligible pool of. (I-601A) – Parte 3 febrero 11, 2020;. In January of 2013, USCIS announced the I-601A Provisional Unlawful Presence Waiver, allowing the spouses and children of United States citizens to apply for the waiver within the United States. 01/07/2016: J-1 waiver USCIS receipt received in the mail dated 01/04; 02/08/2016: Called USCIS and placed a expedited processing request for J-1 waiver; 02/12/2016: USCIS denied request for expedited process (*sigh*) 02/16/2016: USCIS email and text. New Alerts: USCIS to Allow Additional Applicants for Provisional Waiver Process Release Date: July 29, 2016 U. I-601 Waivers at May Law Group, LLC Pittsburgh, Pennsylvania and Philadelphia, New York, Pennsylvania Immigration Attorneys. An I-601, Application for Waiver of Grounds of Inadmissibility, is filed to permit an alien who has been denied admission to the United States to gain admission as a lawful permanent resident or fiancé(e) under certain circumstances. The form is also referred to as a “provisional waiver application. But for others, the immigration process could be painstakingly long and tedious, spanning out over a course of years. The I-601A provisional waiver provides a significant advantage over the regular I-601 waiver. during the decision process. today at (877) HELMER1 to learn about these waivers. In this way you can apply for an immigrant visa at a US embassy or consulate overseas, without fear that you will be subjected to a re-entry bar when you try to return. Is anyone going through the process of applying for I 601A waiver. To all applicants for I-601A waivers. I-601A Stateside Provisional Waivers We experienced a surge of calls and first-time consults after USCIS (the federal immigration benefits agency) rolled out the implementation of the new stateside provisional waiver process last spring (March 4, 2013, to be exact). for 3 years. Our office prepared and filed his immigrant visa application on January 15, 2019. The I-601A is also known as the “Provisional or Stateside Waiver ” that grants immediate relatives of United States Citizens to apply for a pardon to avoid the three or ten-year bar for accumulating unlawful presence before leaving the U. To date, the I-601A waiver is not yet in place, but USCIS still anticipates the proposed regulation to be complete by the end of the year. DOS estimates that it will schedule the applicant for an immigrant visa interview within two to three months after the approval of the provisional unlawful presence waiver and the applicant’s submission of the required immigrant visa processing documents to DOS. Citizenship and Immigration Services temporarily suspended routine in-person services on March 18, 2020. 945 Concord St, Framingham MA 01701 67 S. family for a prolonged period of time. Jurisdiction to Adjudicate Provisional Unlawful Presence Waiver. In terms of processing times, USCIS and DOS are coordinating closely to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. New Alerts: USCIS to Allow Additional Applicants for Provisional Waiver Process 1. However, DHS justifies limiting the provisional waiver process to immediate relatives of U. If not, the immigration lawyer will explain what other legal options are available. The Provisional Waiver is also known as the I-601A Waiver, not to be confused with an I-601 waiver. This is due in large part to the efforts of our clients to gather all of the evidence needed to show their eligibility for the provisional waiver. citizens present in the United States, who are in the process of seeking. The Law Office of Yovanna Vargas in Dallas, TX provides waivers of inadmissibility legal services. The question, "What happens after my I-601 waiver is approved" is answered with the arrival of your packet. citizen, or lawful permanent resident (LPR) spouse or parent. Is a Provisional Waiver Worth It?. I-601A Rules Expanded effective 8/29/2016. I-601A Application for Provisional Unlawful Presence Waiver - White Plains Visa Lawyer. Background: I-601A Provisional Waiver On March 30, 2012, the United States Citizenship and Immigration Service (USCIS) requested public comments on… Read more ». Eligibility for the Provisional Waiver. In past years, in order to process a Waiver for Unlawful Presence, it was required that applicants remain outside the United States until a Department of State (DOS) consular officer could interview them and determine inadmissibility before reviewing their waiver application. The I-601 is used by foreign nationals to apply for forgiveness (waiver) of certain grounds of inadmissibility in the immigrant (“green card”) context. Six Things You Need to Know about Stateside Processing of I-601A Waivers Posted by Laura Lichter | Jan 4, 2013 Starting March 4, 2013, certain relatives of American citizens who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United. , that your illegal entry and/or unlawful presence will not be used as a reason to deny your immigrant visa. citizen or lawful permanent resident family member without leaving the United States. I-601A filings are made with USCIS and generally take about 6 months to get a response. USCIS will apply the final rule to all applications for adjustment of status, and applications. Earlier this year, the Obama administration launched the new I-601A waiver program which permits those who entered without inspection, overstayed their visas and have accrued unlawful presence the ability to file and receive approval on an I-601A waiver from the United States then proceed to the U. A 601A waiver was created to handle one ground of inadmissibility: too much unlawful presence. And once approved, he can leave the US for a few days/weeks for consular processing. 601a Waiver Letter Sample Luxury I 601a form Download Immigration from 601 waiver processing time spreadsheet , source:lettervector. The following is the USCIS Nebraska Service Center Processing Time Report as of May 31, 2020. citizen; and • Have already paid the Department of State immigrant visa processing fee for the case associated with the approved immigrant visa petition. EB-1, EB-2, EB-3 Visas; EB-5 Investor Visa; E-2 Treaty Investor Visa; H1-B Visa; L-1 Visa; O-1 Visa; TN Visa; Legal Services. An I-601 waiver, or Application for Waiver of Grounds of Inadmissibility, is a form used by certain immigrant applicants when applying for a visa, an adjustment of status, or an immigration benefit that they are not eligible for. If you have a prior deportation order, you may need to file a separate waiver called the I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal that will waive a prior order of removal. I-601A Provisional Waiver of Unlawful Presence. ILRC published an updated Practice Advisory for the I-601A Provisional Waiver. or from outside, while for an I-601A waiver, the individual must be in the US, since it is. The main difference is that you can apply for the I-601 from inside or outside of the United States; for the I-601A, you have to be … I-601/I-601A Waivers Read More ». The 601-A waiver allows the eligible applicant to obtain a 'waiver' of the ground of inadmissibility 'unlawful presence' before the applicant departs (leaves) the United States for the interview at the consular or embassy abroad. At The Kasen Law Firm, LLC, we help families stay together while their visa applications are processed. The ability to enter the U. These processing times, which combine data from all USCIS offices, are based on the length of time that an office's application/petition receipts have. The I-601A, Application for Provisional Unlawful Presence Waiver is a good mechanism for certain qualifying immediate relatives of U. Embassy in Ottawa or at U. In terms of processing times, USCIS and DOS are coordinating closely to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency. Now, a recent expansion of the provisional I-601a waiver program could make it easier for foreign nationals to recover their status and return to the United States. If someone had other grounds of inadmissibility, the I-601A could not be used; a traditional I-601 waiver would have to be filed once the person left the United States. Expect the time to vary by the overseas USCIS office that’s involved. citizens are separated from their family members and to streamline the unlawful presence waiver process. Answer: Under the Provisional waiver process, spouses of U. To be clear, a person is NOT eligible for the Provisional Waiver, nor the regulr I-601 waiver if they have two illegal entries, and the second entry was after living in the U. The I-601A Provisional Waiver application has brought hope to many because it can significantly reduce the length of time U. I-601A Waivers will allow certain beneficiaries of immigrant visa petitions to apply for a provisional unlawful presence pardon (a waiver) while they are still in the United States, before departing for the immigrant visa interviews abroad. However, it may take up to a year or more. citizens who were physically present in the United States were allowed to request I-601A provisional waiver to waive ar ask for forgiveness for unlawful entry and unlawful presence in the U. EB-1, EB-2, EB-3 Visas; EB-5 Investor Visa; E-2 Treaty Investor Visa; H1-B Visa; L-1 Visa; O-1 Visa; TN Visa; Legal Services. i601a-waiver; Asylum; U Visa; VAWA (Violence Against Women Act) Employment Visas. be at least 17 years old at the time of filing; c. In this video, Attorney Jacob Sapochnick Esq, will explain the I-601A waiver process for a spouse that is outside of the United States. "I decided to write a book that provided valuable information for those involved in the I-601A immigration waiver process," Loera added. Our client first came to the United States from Guatemala in 1992 with a J-1 nonimmigrant visa as a part of an exchange program. Some waiver applications may receive faster decisions while others could take longer. I-601 Extreme Hardship Waiver Approved by I-601 Attorney Specializing in Winning I-601, I-212, 212(d)(3), and other Complex Immigration Waivers. The processing time for an I-601 waiver will depend on several factors, including where you filed and the difficulty level of your case. Legal Representation for Family Based Immigration. We are talking about only being separated from your family for days rather than months, or even years. 00, the same fee required for the Form I-601. The most important distinction between the I-601 waiver and the I-601A provisional waiver is that the I-601A ONLYwaives unlawful presence. New categories of family members eligible to submit application for provisional unlawful presence waiver (I-601A) In August of 2016, additional categories of family members of U. citizen parent or spouse; e. The conditional approval of the I-601A waiver by the USCIS would then make visa processing a very quick process-the time frame stated was one month. Embassy in Ottawa or at U. 601a Waiver Processing Time. without permission cannot get permanent residency based on a petition filed by a U. Make the most of a digital solution to develop, edit and sign documents in PDF or Word format online. I-601 Extreme Hardship Waiver Approved by I-601 Attorney Specializing in Winning I-601, I-212, 212(d)(3), and other Complex Immigration Waivers. consulates. The bad news is, these waivers can take quite a bit of time to obtain, and the waiver petitioner most likely will have to leave the country to complete the process. The I-601A bar waivers allow for a waiver of unlawful presence so that the foreigner does not suffer the penalty of a 3 or 10 year bar for unlawful presence in the U. You should wait until USCIS decides on your I-601A before leaving the country. citizens are separated from their family members and to streamline the unlawful presence waiver process. If you do so before that date, USCIS may deny the. Lawyers Explain How to Obtain Provisional Immigration Waivers in NY Our attorneys can assist with the I-601A process. The provisional waiver is beneficial because it does not require the applicant to wait until the consular interview, to apply for a waiver, as in the case of the I-601 waiver. What the I-601A Waiver Does. This will benefit persons who entered the U. I-601A provisional waiver processing times can vary, but the goal is for most applications to receive a decision in less than six months. i601a-waiver; Asylum; U Visa; VAWA (Violence Against Women Act) Employment Visas. after an unlawful entry. However if a person was caught several times at the border, but never "Removed" then they should be eligible. 5 Months to 11. Positively Moving Forward by Alan Lee, Esq. What is the difference between an I-601 and an I-601A waiver? Both are waivers of inadmissibility that are based on hardship to a qualifying U. An I-601 waiver, or Application for Waiver of Grounds of Inadmissibility, is a form used by certain immigrant applicants when applying for a visa, an adjustment of status, or an immigration benefit that they are not eligible for. A 601A waiver was created to handle one ground of inadmissibility: too much unlawful presence. These processing times, which combine data from all USCIS offices, are based on the length of time that an office's application/petition receipts have. The I-601A allows you to apply for and receive a waiver after receiving USCIS approval but before you leave the US. Each submission carries a $10 filing fee. I-601A Provisional Waiver is for someone who entered the US illegally and wants to obtain a permanent residency. Supreme Court sided with DACA recipients ruling that the way in which the Trump administration rescinded the DACA program in 2017 was unlawful. The new provisional waiver regulation will significantly reduce the time families are separated by allowing the waiver of inadmissibility to be filed and approved in the United States, only requiring the applicant to travel to their country of origin to complete consular processing once the waiver is approved, in a process that should take 2 to. To contact an experienced immigration lawyer, call 214-802-9979. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency. embassy abroad to complete their cases. Our office prepared and filed his immigrant visa application on January 10, 2019. USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide, including in Illinois, on Feb. citizens because immigrant visas are always available for this category as opposed to preference categories. citizens and lawful permanent residents (with immigrant visas that are immediately available) to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate. Under the immigration laws, certain acts can result in a person being inadmissible to the U. Is anyone going through the process of applying for I 601A waiver. S until the waiver is approved. Fortunately, starting June 4, 2020, USCIS will begin reopening various domestic offices. i601 processing time varies from applicant to applicant. 601A waiver approved. to attend an interview at the U. citizens on Form I-601A. Why The I-601A Waiver Is Necessary. Applicants may check the status of their case online. If the waiver is approved, many people go to Juarez totally unprepared for the interview. The new process will reduce the amount of time U. Bedford St, 400 W, Burlington MA 01803 (978) 905 – 9992. The Obama Administration on July 22, 2016 published a final rule expanding I-601A provisional unlawful presence waivers for individuals inadmissible under INA 212(a)(9)(B)(i)(I), (II). The I-601A is also known as the “Provisional or Stateside Waiver ” that grants immediate relatives of United States Citizens to apply for a pardon to avoid the three or ten-year bar for accumulating unlawful presence before leaving the U. One of the changes proposed by @DHSGOV would expand those who could apply for an I-601A waiver to LPR spouses and parents. I-601A Rules Expanded effective 8/29/2016. Citizen or legal permanent resident (LPR) relatives. 5 Months to 11. citizens because immigrant visas are always available for this category as opposed to preference categories. Embassy in Ottawa or at U. If the waiver is approved, many people go to Juarez totally unprepared for the interview. The following is the USCIS Nebraska Service Center Processing Time Report as of May 31, 2020. Be at least seventeen (17) years old at the time of filling; 2. Under the provisional waiver process, certain immediate relatives of U. This I-601A waiver allows the applicant beneficiary's to wait in the United States while their waiver application is being processed. If the applicant is under 17 years old; if the applicant is in removal proceedings, unless the removal proceedings are administratively closed and have not been recalendared at the time of filing the Form I-601A, if the applicant is subject to a Provisional Unlawful Presence Waiver; If USCIS has reason to believe that the applicant may be. File the I-601A Provisional Unlawful Presence Waiver with U. embassy abroad. He got a job in shipping /receiving (hired a lawyer) which petitioned him in 2009 and got approved in 2017(in short,we overstayed). To make use of the I-601A waiver possibility, you must meet all of the following criteria: You must be eligible for an immigrant visa to the U. USCIS Has Proposed an Expansion of Eligibility for I-601A Provisional Unlawful Presence Waivers Thứ Ba, 18 Tháng Tám 2015 19:58 (Xem: 7925) At this time, CIS is asking the public for comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on unlawful presence in the US. after having been previously removed and before they have met their. An I-601A waiver affects those immigrants who would, due to being unlawfully present in the U. Alfaro practices all areas of immigration law but primarily focuses on family-based immigration, including, consular processing, 601A provisional waivers, U-visas and VAWA cases, and naturalizations. If you've been denied a visa or other immigration benefit, you may be able to resolve the problem by applying for an I-601 waiver. If you need assistance with your immigration status, call us today at (619) 746-8879. ALERT: On March 31, 2020, we moved to a visa availability approach in the inventory management of pending Form I-526. A 601A waiver was created to handle one ground of inadmissibility: too much unlawful presence. The provisional waiver eliminates time in which the family must be apart while the applicant is applying for the waiver in his or her home country. To speak to an experienced and dedicated immigration attorney about your immigration goals, including whether you qualify for an I-601A waiver once the proposed provisional waiver process has been approved, we invite you to contact May Law Group at our Pittsburgh Office (412-291-4400), our Philadelphia Office (215-880-4977) or our New York City. The processing time for I-601A Provisional Unlawful Presence Waivers is about 4 to 6 months. Embassy or Consulate abroad. The NBC also announced that the processing time for provisional waiver applications is between 90-103 days, a relatively quick turnaround. The I-601A stateside waiver process is one of the most common waivers (or "pardons") used by foreign nationals to overcome unlawful presence in the U. show that if USCIS were to deny your I-601A waiver, your U. By Ari Sauer, immigration lawyer with the Memphis, Tennessee office of the Siskind Susser immigration law firm. for a long time to complete their green card processing. 21, 2020, the Supreme Court stayed the statewide injunction issued by the U. I-601A: Application for Provisional Unlawful Presence Waiver. 601a Waiver Letter Sample Luxury I 601a form Download Immigration from 601 waiver processing time spreadsheet , source:lettervector. Credit: imgarcade. How does the I-601A waiver interact with the 212 waiver? After the I-212 waiver is approved, the individual still needs to get an I-601A waiver approved to avoid the 10 year punishment for his overstay. Laura can now wait for USCIS to make a decision on her waiver, and only leave the country for her appointment at the consulate once she knows that the. But that is not the last step necessary to obtain permanent residency or to enter the U. approval rates are low, and processing times slow. But watch out! It could instead backfire and leave your client stuck outside the United States if he or she is subject to inadmissibility under INA §212(a)(9)(C). We watched numerous people turned away due to not having necessary documents”, Loera stated. The Obama Administration has finally provided the rules under the expanded Provisional Waiver - I-601A - for unlawful presence in the U. 21, 2020, the Supreme Court stayed the statewide injunction issued by the U. I-601A Waiver Processing Times According to USCIS, it is taking the agency approximately 9-14 months to process Form I-601A, Application for Provisional Unlawful Presence Waiver. Was scheduled prior to January 3, 2013, for a consular interview on the immediate relative petition that is the basis for the provisional waiver application. citizens because immigrant visas are always available for this category as opposed to preference categories. This I-601A waiver allows the applicant beneficiary’s to wait in the United States while their waiver application is being processed. Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. 2 i-601a process, updates, and pitfalls to avoid | june 2019 The I-601A Provisional Unlawful Presence Waiver, often referred to simply as the "provisional waiver," is a process by which individuals who are currently in the United States and will be applying for an immigrant visa at a U. Now anyone who is statutorily eligible for a waiver of unlawful presence can use the I-601A process to waive the unlawful presence grounds of inadmissibility found at INA §212(a)(9)(B). citizen or lawful permanent resident family member without leaving the United States. Without a 601A waiver, you may have to wait several years to enter the states legally. I-601A provisional waiver processing times can vary, but the goal is for most applications to receive a decision in less than six months. Make sure that, when you find a lawyer he needs to be "exceptional" and "experienced" with this kind of waivers. On March 4, 2013, the I-601A waiver was implemented. Once the case has been reopened and reviewed, USCIS will continue to process the I-601A waiver application and either approve or deny it or request additional information from the applicant. be at least 17 years old at the time of filing; c. After all, the I-601 waiver is not limited to immediate relatives of U. They marked I'd AOS in the I140 and thought I'd do an I601 waiver instead of going through consular processing. Filing I-601A Provisional Waiver for Unlawful Presence and Unlawful Entry. If the waiver is approved conditionally, the applicant then schedules the visa interview to finalize the process in his or her home country. What's In Your New Packet. An applicant must comply with this process and pay an immigrant visa fee prior to submitting the waiver. I-601A Provisional Waiver Processing Time. If not, the immigration lawyer will explain what other legal options are available. Travelers may continue to seek waivers via Admissibility Review Office review when applying for visas at the U. 07/27/2015 - DHS Plans to Expand I-601A Provisional Waivers Good news! DHS is beginning the rule-making process to expand the current provisional waiver process. Fortunately, starting June 4, 2020, USCIS will begin reopening various domestic offices. before the applicant leaves the country for his or her interview. Keep in mind that the processing time is always subject to change regardless of where it's been filed. citizen or permanent resident green card holder. Ordered deported In Absentia in 1993 (25 yrs ago), Plead guilty to Single possession of 30 grams or less of marijuana (25 years ago), paid $1000 fine, 6 mo pro …. Raghebi left the United States on March 12, 2018 as the I-601A waiver required him to leave the United States to be able to complete the I-130 petition process. Consulate in Ciudad Juarez, Mexico informed our office that they scheduled an immigrant visa interview for our client. DACA & 601A. Find out crucial information from #ImmigrationAttorney. Congratulations your I-601 Waiver is Approved! Now what? Getting your I601 waiver approved is most the difficult part of the process. Take our free I-601A eligibility quiz! Waiver of Inadmissibility. , that your illegal entry and/or unlawful presence will not be used as a reason to deny your immigrant visa. The Provisional Waiver is also known as the I-601A Waiver, not to be confused with an I-601 waiver. There was no request for evidence so I-601 Waivers now have longer processing times. The Provisional Unlawful Presence Waiver was created to shorten the period of time that undocumented immigrants will be separated from their legally present family members. However, the 601a waiver process is neither fast nor easy. 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. In past years, in order to process a Waiver for Unlawful Presence, it was required that applicants remain outside the United States until a Department of State (DOS) consular officer could interview them and determine inadmissibility before reviewing their waiver application. citizens may apply for these new stateside waivers. I-601A bar waivers. Without a 601A waiver, you may have to wait several years to enter the states legally. 601A waiver approved. previously worked with Catholic Charities of Central Texas in Austin, Texas, where he led the office’s DACA renewal process for clients, and also assisted with U-visas and I-601A waivers. Once the case has been reopened and reviewed, USCIS will continue to process the I-601A waiver application and either approve or deny it or request additional information from the applicant. The approval also makes the process very quick. Client Success Story: I-601A Approval for K-1 Visa Overstay. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency. The 601-A waiver allows the eligible applicant to obtain a 'waiver' of the ground of inadmissibility 'unlawful presence' before the applicant departs (leaves) the United States for the interview at the consular or embassy abroad. The I-601A Provisional Waiver allows the spouse, child, and adult child of U. Travelers may continue to seek waivers via Admissibility Review Office review when applying for visas at the U. If the waiver is approved, many people go to Juarez totally unprepared for the interview. Expansion of eligibility for the waiver and purpose of the waiver. Mistakes to Avoid When Applying for 601A Waiver!. citizens or lawful permanent residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B), before departing the United States to appear at a U. ILRC published an updated Practice Advisory for the I-601A Provisional Waiver. If you have a prior deportation order, you may need to file a separate waiver called the I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal that will waive a prior order of removal. Waivers (I-601 and I-212) and Administrative Processes (221g) The only thing an I-601a waiver applies to is an overstay in the US. These persons will likely be given additional time to provide this waiver. ALERT: On March 31, 2020, we moved to a visa availability approach in the inventory management of pending Form I-526. The waiver does not take effect until after he appears for the immigrant visa interview and he has left the United States. Lawyers Explain How to Obtain Provisional Immigration Waivers in NY Our attorneys can assist with the I-601A process. “Provisional unlawful presence waivers” waive inadmissibility to obtain a U. Starting today, March 4, 2013, USCIS will begin accepting applications for “provisional waiver” of unlawful presence from spouses, children and parents of U. After the I-130 petition is approved and the visa fee bills paid, the applicant must file the waiver application (on a new form I-601A) with USCIS without first having to leave the U. The provisional waiver process should proceed normally for those who have never been convicted of a crime and can show the extreme hardship to a U. If you do so before that date, USCIS may deny the. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. USCIS announced that the Potomac Service Center (PSC) will be processing Form I-601A, Application for Provisional Unlawful Presence Waiver. Applying for a green card through this process will require the person to submit forms and paperwork at three different stages: (1) the immediate relative petition state (I-130), (2) the waiver application state, and (3) the consular processing stage, which includes an interview. As a result of the COVID-19 pandemic, U. Solution: Provisional Waiver. Supreme Court sided with DACA recipients ruling that the way in which the Trump administration rescinded the DACA program in 2017 was unlawful. Proving an extreme hardship for the I-601A waiver is often a highly stressful and time consuming project. I-601A is an immigration form that allows certain relatives of United States citizens or permanent residents to request a waiver of the multi-year bars for unlawful presence before they leave the US instead of after. It is EXTREMELY IMPORTANT that you make sure you are eligible for an I-601A Waiver before you file one. citizens will be separated from immediate relatives who consular. Jump to content Waivers (I-601 and I-212) and Administrative Processes (221g). The Department of Homeland Security expanded the rules regarding I-601 waivers. DACA & 601A. The Obama Administration has finally provided the rules under the expanded Provisional Waiver - I-601A - for unlawful presence in the U. 2 i-601a process, updates, and pitfalls to avoid | june 2019 The I-601A Provisional Unlawful Presence Waiver, often referred to simply as the "provisional waiver," is a process by which individuals who are currently in the United States and will be applying for an immigrant visa at a U. Now, spouses of U. Please continue reading and reach out to our experienced Wisconsin immigration firm to learn more about the reopenings and how this may …. 2 i-601a process, updates, and pitfalls to avoid | june 2019 The I-601A Provisional Unlawful Presence Waiver, often referred to simply as the “provisional waiver,” is a process by which individuals who are currently in the United States and will be applying for an immigrant visa at a U. Fortunately, starting June 4, 2020, USCIS will begin reopening various domestic offices. before they could interview for a green card, even if their spouse was a U. 601A Waiver Lawyer Charlotte. However, DHS justifies limiting the provisional waiver process to immediate relatives of U. Make the most of a digital solution to develop, edit and sign documents in PDF or Word format online. Available for PC, iOS and Android. In the future, we will update the processing time information for Form I-526 to reflect this change. If you need assistance with your immigration status, call us today at (619) 746-8879. I wanted to at least let those going through the process know of an advocacy group that was created to specifically work at changing the laws for the various inadmissibility bars in our immigration system (specifically the 3, 10 year bars, absentia bar, multiple entry 9C. regulations. However, based on our experience, you can generally expect to wait four to six months before USCIS takes action on your case if you filed in the United States. An Innovative New Program: The I-601A Provisional Waiver. If the applicant is under 17 years old; if the applicant is in removal proceedings, unless the removal proceedings are administratively closed and have not been recalendared at the time of filing the Form I-601A, if the applicant is subject to a Provisional Unlawful Presence Waiver; If USCIS has reason to believe that the applicant may be. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency. In some locations, such as Mexico, an I-601 waiver can take over a year. Applicants should not submit a request for a provisional waiver under the expanded guidelines until the final rule takes effect on Aug. I-601A: National Benefits Center: 4 Months to 6 Months: Provisional Waiver of Unlawful Presence: 10/11/17: I-601A: Nebraska SC: 3 Months to 6 Months: Provisional Waiver of Unlawful Presence: 10/11/17: I-612: California SC: 8. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency. Embassy or Consulate abroad. I-601A Waiver Processing Times According to USCIS, it is taking the agency approximately 9-14 months to process Form I-601A, Application for Provisional Unlawful Presence Waiver. Processing times for 601 waivers filed outside the US is likely more important to applicants as they are typically not permitted to enter the US until the waiver is approved. i130 Processing Time for Spouse, Parents, Brother 2020 By Am22tech Updated 23 Jun, 20 I130 application for US citizen’s spouse green card is taking 3 to 10 months at Texas service center. be at least 17 years old at the time of filing; c. The question, "What happens after my I-601 waiver is approved" is answered with the arrival of your packet. citizens (spouses, children, or parents) who are currently residing in the United States to apply for a provisional waiver while in the United States, provided they meet all eligibility requirements outlined in the regulations and warrant a favorable exercise of … 601a Provision. The waiver also allows open deportation/removal proceedings to be stopped once the waiver has been approved, meaning that an individual with an open deportation/removal process may apply, while a person with a final order of removal/deportation may not. A: This policy, commonly called a Provisional Waiver, went into effect March 4, 2013. We followed the process for filing I-485 Adjustment of Status then husband got a schedule for biometrics in April 2018 then our lawyer filed for provisional waiver I-601A which got approved April 2019. It is EXTREMELY IMPORTANT that you make sure you are eligible for an I-601A Waiver before you file one. Once the I-601A is approved, the applicant returns to their home country to finish their processing (normally a few week process) and is then eligible to return to the US without the fear of the 3 or 10 year ban. The Department of Homeland Security has announced that effective August 29, 2016 they are expanding the class of aliens eligible to apply for I-601A Provisional Waivers. Bedford St, 400 W, Burlington MA 01803 (978) 905 – 9992. Compared to getting the waiver approved, these steps are simple. The processing time for I-601A Provisional Unlawful Presence Waivers is about 4 to 6 months. Learn how to file the Provisional Unlawful Presence Waiver (Form I-601A) here. If a person leaves the U. Although it previously took two to five months, it now takes over eight months. Immigration Court Representation; Immigration Forms Review; Request for a Immigration File; Request for a Work Permit; Request For Re. A Waiver for Unlawful Presence is Easier Now than A Few Years Back. To support the I-601A waiver application, I submitted a legal memorandum. 5 Months: Application for a waiver of the 2-year foreign residence requirement based on exceptional. 7 min read I-601 Processing Time. When file Form I-601A you must: • Be the beneficiary of an approved immigrant visa petition classifying you as an immediate relative of a U. , I-601, and the other is filed while in the U. Two of the advantages of the 601-A waiver are therefore: Less time away from family for the applicant. And once approved, he can leave the US for a few days/weeks for consular processing. File the I-601A Provisional Unlawful Presence Waiver with U. The I-601A Provisional Unlawful Presence Waiver can be a very stressful process. if the immigrant has a qualifying relative (a spouse or parent who is a United States citizen or a legal. If the 601A waiver were denied, most Applicants would simply remain in the US. However, a 2013 rule change on the unlawful presence waiver (I-601A) changes that. For some people, the immigration process could take weeks or months. while the case was pending. The I-601A waiver is a waiver that is filed here in the United States. The president's reforms would offer expanded Differed Action for Childhood Arrivals (DACA) and created a new category for parents of US citizen children,. Many factors are considered and a lot of documentation is needed to complete an I-601A waiver. General Information - I-601A Waiver. USCIS generally processes cases as they are received ("first in, first out"). Effective March 4, 2013, the Department of Homeland Security will begin a new process for adjudication of these waiver applications. on any form of visa or green card. You can file a 601A if you meet the following requirements: Are currently in the states; At least 17 at the time of filing. ” This Continue Reading. Would I-601A help in this case if a visa is available earlier? Thanks!. Article: Proposed I-601A Expansion Rule Exciting in Giving Right to Apply to All Family and Employment-based Petition Applicants, Visa Lottery Winners, and Certain Special Immigrants! By Alan Lee, Esq. This final rule builds on a process established in 2013 to support family unity. Currently, in order to obtain a provisional unlawful presence waiver, Form I-601A, the applicant must be present in the United States, be the immediate relative of a U. consulates. Effective March 4, 2013, the Department of Homeland Security will begin a new process for adjudication of these waiver applications. It is a letter written to the immigration and the Department of State (DOS) requesting that a waiver should be granted to a visa applicant on certain conditions and basis. After the I-130 petition is approved and the visa fee bills paid, the applicant must file the waiver application (on a new form I-601A) with USCIS without first having to leave the U. Once the case has been reopened and reviewed, USCIS will continue to process the I-601A waiver application and either approve or deny it or request additional information from the applicant. regulations. Nobody wants to lose. The I-601A waiver is a vast improvement in the waiver process for those who qualify. Many factors can impact your processing time, including the complexity of your claim and whether your. Article: Proposed I-601A Expansion Rule Exciting in Giving Right to Apply to All Family and Employment-based Petition Applicants, Visa Lottery Winners, and Certain Special Immigrants! By Alan Lee, Esq. Client Success Story: I-601A Approval for K-1 Visa Overstay. Departing the U. Download Our Free Immigration Guide. These processing times, which combine data from all USCIS offices, are based on the length of time that an office's application/petition receipts have. An I-601, Application for Waiver of Grounds of Inadmissibility, is filed to permit an alien who has been denied admission to the United States to gain admission as a lawful permanent resident or fiancé(e) under certain circumstances. Fortunately, starting June 4, 2020, USCIS will begin reopening various domestic offices. At This Point, Filing for a Waiver May Take 2 Years to Process You can file a waiver, but you have to file a waiver from this side and it can take a long time to process. I-601 Extreme Hardship Waiver Approved by I-601 Attorney Specializing in Winning I-601, I-212, 212(d)(3), and other Complex Immigration Waivers. rather than in the consulate within their country of origin. Making sure your family is protected is a top priority for all of us. We watched numerous people turned away due to not having necessary documents”, Loera stated. Burchinow Immigration Law Firm 14901 East Hampden Avenue Suite 190 Aurora, Colorado 80014 Phone: 720-434-1597. The I-601A waiver is a vast improvement in the waiver process for those who qualify. without an approved I-212 waiver, he or she will not be allowed to return to the U. Applicants denied a visa or other immigration benefit, can resolve the issue with an I-601 waiver. For Provisional Waiver I-601A Applicants: The National Visa Center Process and You - FAQs About the Provisional Unlawful Presence Waiver On January 2nd, 2013, U. Our law firm’s meticulous approach to immigration law ensures your case has the best possible results. Client Success Story: I-601A Approval for K-1 Visa Overstay. citizens (spouses, parents and children under 21), and lawful permanent residents, who entered the U. New I-601A Waiver Keeps Immigrant Families Together According to Moses Apsan, Esq. , either in temporary categories, or as a permanent resident. citizen or lawful permanent resident. today at (877) HELMER1 to learn about these waivers. In this way you can apply for an immigrant visa at a US embassy or consulate overseas, without fear that you will be subjected to a re-entry bar when you try to return. 4 to 12 months). For more information on I-601 waiver, I-601A waiver, or I-212 waiver, a free initial consultation is your next best step. Even if your I-601a application has been accepted and authorized, it can be reopened and reassessed at any time. At the beginning of this year, USCIS was excited to announce a new program aimed at keeping immigrant families united in the U. Wait four to six months for your I-601A application to be approved. “I decided to write a book that provided valuable information for those involved in the I-601A immigration waiver process,” Loera added. 601a Waiver Letter Sample Luxury I 601a form Download Immigration from 601 waiver processing time spreadsheet , source:lettervector. ) without lawful immigration status or entered the U. I-751- Petition to remove the conditions on residence for a conditional resident accorded status through marriage. Generally USCIS and DOS try to coordinate to have it processed in time to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. Currently, this process takes approximately 2 to 8 weeks of time outside the U. to process through the consulate, there are some built-in protections that will usually keep your time outside the U. Provisional Unlawful Presence Waivers (USCIS) Regulations. I-601A is an immigration form that allows certain relatives of United States citizens or permanent residents to request a waiver of the multi-year bars for unlawful presence before they leave the US instead of after. The form is also referred to as a “provisional waiver application. Obtaining an approval assures you, prior to leaving the U. The I-601A Provisional Unlawful Presence Waiver was created in 2013 in an effort to reduce the time that family members are separated during immigrant visa processing. Now anyone who is statutorily eligible for a waiver of unlawful presence can use the I-601A process to waive the unlawful presence grounds of inadmissibility found at INA §212(a)(9)(B). I-601A provisional waivers are very specific waivers for applicants who need to do consular processing (applying abroad at a U. I-601A – Provisional Unlawful Presence Waiver. One must maintain a positive outlook, flex their resiliency muscles, and … Thriving not Surviving: How to. What the I-601A Waiver Does. As a result of the COVID-19 pandemic, U. What the USCIS did not state is how difficult it would be to get the I-601A waiver approved. The provisional waiver allows the immediate family members of a U. Purpose of the I-601A Waiver. citizens (immediate relatives) who are in the United States are not eligible to apply for lawful permanent resident (LPR) status while in the United States. The application was received by the USCIS on AQpril 8, 2019 and was approved without receiving RFE or any challenge. Louisiana I-60A Stateside Waiver Lawyer Serving the Immigration Community in Baton Rouge & Throughout the State. I-612- Application for waiver of the foreign residence requirement for J visa holders. Unlawful presence waivers make it possible for you to remain in the U. It's an immigration form that allows certain relatives. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U. He or she must also remain in the U. Overseas USCIS office processing times will vary greatly. citizens who could demonstrate extreme hardship to a U. show that if USCIS were to deny your I-601A waiver, your U. Fill out, securely sign, print or email your i 601a 2013-2020 form instantly with SignNow. To support the I-601A waiver application, I submitted a legal memorandum. Provisional Unlawful Presence Waivers, or more commonly known as I-601A waivers, are very confusing and complicated to complete. An I-601A waiver affects those immigrants who would, due to being unlawfully present in the U. When filing form I-601A, unlawful presence has to be the only ground of inadmissibility against an applicant when pursuing consular processing. There are a number of reasons why this I-601A does not live up to its billing. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U. today at (877) HELMER1 to learn about these waivers. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency. DAPA and I-601a Waiver Juan Basadre On November 20, 2014 President Obama announced new immigration reforms that would shift prosecutorial discretion to over 4 million individuals living in the United States currently. The most significant and most publicized change in the rule allows applicants with U. The Obama Administration has finally provided the rules under the expanded Provisional Waiver - I-601A - for unlawful presence in the U. The provisional unlawful presence waiver or I-601A waiver addresses the extreme hardship that this waiver process may cause to qualifying US citizens and shorten the time that eligible immediate relatives and their US citizen relatives would be separated. 601A waiver approved. At the beginning of this year, USCIS was excited to announce a new program aimed at keeping immigrant families united in the U. We followed the process for filing I-485 Adjustment of Status then husband got a schedule for biometrics in April 2018 then our lawyer filed for provisional waiver I-601A which got approved April 2019. citizen spouse or parent could apply for the. Once the I-601A is approved, the applicant returns to their home country to finish their processing (normally a few week process) and is then eligible to return to the US without the fear of the 3 or 10 year ban. Schedule your appointment with our office now to discuss if you are eligible for Consular Processing and an I-601A waiver. If you must file a waiver at USCIS, we invite you to contact us. Please continue reading and reach out to our experienced Wisconsin immigration firm to learn more about the reopenings and how this may …. The Provisional Unlawful Presence waiver allows for applicants to process the waivers while being physically present in the United States; and after obtaining the waiver the time spent outside the U. Congratulations your I-601 Waiver is Approved! Now what? Getting your I601 waiver approved is most the difficult part of the process. I-601 Waivers at May Law Group, LLC Pittsburgh, Pennsylvania and Philadelphia, New York, Pennsylvania Immigration Attorneys. 5 Months to 11. for more than 180 days, normally be required to move out of the United States for three or ten years in order to adjust his/her immigration status. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. Discrepancies from past historical processing time reports may exist due to differences in reporting procedures. The I-601A process is a time consuming and expensive process. consulate) and are currently residing in the U. Caroline Ostrom, Minneapolis business immigration attorney, assists clients in the Twin Cities and nationwide to obtain I-601A Waivers when necessary and. UPDATE: In August 2016, USCIS updated the I-601A Provisional Waiver process. The provisional waiver provided that certain parents, spouses and children of US citizens could apply for a waiver of the unlawful presence before leaving the United States for their. Initially, in 2012, USCIS moved the processing. I attended Biometric on January 13, 2020. Each submission carries a $10 filing fee. Client Success Story: I-601A Approval for K-1 Visa Overstay. The question, “What happens after my I-601 waiver is approved” is answered with the arrival of your packet. citizen; and • Have already paid the Department of State immigrant visa processing fee for the case associated with the approved immigrant visa petition. Contact our attorneys to analyze your case to determine which waiver is available for you at 888-529-5990. However, Mr. If the fee was paid by check, the applicant can send an email to [email protected] DACA & 601A. citizens and permanent residents became eligible to apply for a provisional waiver of inadmissibility due to unlawful presence in the U. The question, “What happens after my I-601 waiver is approved” is answered with the arrival of your packet. citizen are separated from their qualifying immediate relatives. Certain immigrant visa applicants who are relatives of U. The 601-A waiver allows the eligible applicant to obtain a 'waiver' of the ground of inadmissibility 'unlawful presence' before the applicant departs (leaves) the United States for the interview at the consular or embassy abroad. Immigration Court Representation; Immigration Forms Review; Request for a Immigration File; Request for a Work Permit; Request For Re. If you are in the United States and know that the only inadmissibility issue you have is due to an overstay then you can file an I-601A waiver and then process your immigrant visa at the Embassy. Since 2013, many individuals have taken advantage of the I-601A provisional waiver. The I-601A Provisional Waiver application has brought hope to many because it can significantly reduce the length of time U. citizen or lawful permanent resident family member without leaving the United States. The I-601A Provisional Waiver allows the spouse, child, and adult child of U. EB-1, EB-2, EB-3 Visas; EB-5 Investor Visa; E-2 Treaty Investor Visa; H1-B Visa; L-1 Visa; O-1 Visa; TN Visa; Legal Services. Waivers are a big undertaking and should be taken very seriously, be well documented, and indicate that the immigrant applying for the waiver deserves CIS discretion to waive the past lie. Article in process. Is anyone going through the process of applying for I 601A waiver. Check application processing times - Immigration and citizenship. This will also be imperative in helping you make better, informed decisions on whether or not you want to proceed with the I-601 waiver process. With such an investment in time and money, some immigrants may not even see results before their visa expires and must return to their country of origin. I-601A: National Benefits Center: 4 Months to 6 Months: Provisional Waiver of Unlawful Presence: 10/11/17: I-601A: Nebraska SC: 3 Months to 6 Months: Provisional Waiver of Unlawful Presence: 10/11/17: I-612: California SC: 8. Legal immigration issues are important and the process can become complicated and stressful if they are not managed correctly. At The Kasen Law Firm, LLC, we help families stay together while their visa applications are processed. An example is a fee waiver form (I-912). Previously, applicants would have had to leave the country for an extended period and apply for the waiver abroad. From start to finish, waiver cases typically take approximately 12-18 months to complete. USCIS announced that the Potomac Service Center (PSC) will be processing Form I-601A, Application for Provisional Unlawful Presence Waiver. Client Success Story: I-601A Approval for K-1 Visa Overstay. Was scheduled prior to January 3, 2013, for a consular interview on the immediate relative petition that is the basis for the provisional waiver application. By I-601 Fraud Waiver Lawyer • 01 Mar, 2020 Processing times will vary, depending on where you file your I-601 application. An I-601A unlawful presence waiver, sometimes called a "Provisional Stateside Waiver", is a way to overcome an immigration obstacle known as "unlawful presence", the "3-year bar" or the "10-year bar" that makes it very risky for people who are in the United States to travel to their home country in order to. Usually the application is approved around the time of the immigrant visa interview. My waiver was filed on December 12, 2019. How does the I-601A waiver interact with the 212 waiver? After the I-212 waiver is approved, the individual still needs to get an I-601A waiver approved to avoid the 10 year punishment for his overstay. citizen and thus qualify to receive a green card are reluctant to file because they believe they will have to leave the U. ligibility for the I-601A In order to apply for a provisional waiver, you must be eligible to adjust your status and have a visa application in the works. I-485 Filed: 11/29/2017; I-485 Approved: 10/10/2018; Total time for approval: about 10 months. When the I-601A waiver is approved, the applicant is required to leave the United States for the immigrant interview with U. Citizenship and Immigration Services temporarily suspended routine in-person services on March 18, 2020. It is EXTREMELY IMPORTANT that you make sure you are eligible for an I-601A Waiver before you file one. You cannot apply for a Form I-601 until after you attend your immigrant visa interview and. Lawyers Explain How to Obtain Provisional Immigration Waivers in NY Our attorneys can assist with the I-601A process. Do you anticipate any staff increases or changes? NBC is currently staffed at the authorized level. The 601-A waiver allows the eligible applicant to obtain a ‘waiver’ of the ground of inadmissibility ‘unlawful presence’ before the applicant departs (leaves) the United States for the interview at the consular or embassy abroad. citizens to apply for provisional unlawful presence waivers before leaving the U. The first step in applying for an I-601A waiver is the I-130 family petition. Waiver applications are often difficult to win and require carefully presented evidence and legal arguments. The provisional waiver is decided here in the U. 5 Months: Application for a waiver of the 2-year foreign residence requirement based on exceptional. citizen or lawful permanent resident family member without leaving the United States. We at Omole Law Office have helped numerous individuals get through the complicated webs of their 601a waiver cases. citizens who would need a waiver of unlawful presence in order to obtain an immigrant visa can file a new Form I-601A, Application for Provisional Unlawful Presence Waiver, before leaving the United States to obtain an immigrant visa at a U. These persons will likely be given additional time to provide this waiver. In January 2020, the U. An I-601A waiver might be denied for any of several reasons. Many people who are married to a U. Our office prepared and filed his immigrant visa application on January 15, 2019. Generally, I’ve seen simple cases take about 4-5 months and this was the case for my own situation. Citizenship and Immigration Services (USCIS) frequently have staffing shortages, particularly since the onset of the coronavirus pandemic, which result in longer processing times. Applying for a waiver is not as simple as filling out and submitting the required forms and fees. At This Point, Filing for a Waiver May Take 2 Years to Process You can file a waiver, but you have to file a waiver from this side and it can take a long time to process. to attend an interview at the U. for the specified time. ALERT: On Feb. How does the I-601A waiver interact with the 212 waiver? After the I-212 waiver is approved, the individual still needs to get an I-601A waiver approved to avoid the 10 year punishment for his overstay. Form I-601A is the Application for Provisional Unlawful Presence Waiver. About 6 weeks after filing, USCIS will send a biometrics appointment notice (fingerprint capturing for a background check) to the spouse applying for the waiver. citizens will be separated from immediate relatives who consular. citizens who are still in the U. Applicants should not submit a request for a provisional waiver under the expanded guidelines until the final rule takes effect on Aug. I-601A Waiver Lawyer • Mar 01, 2020. 601a waiver processing time 2018. To support the I-601A waiver application, I submitted a legal memorandum. The I-601A Waiver is such an advantage because the immigrant gets to leave the United States with more certainty and less time away from his or her family. The I-601A process is a time consuming and expensive process. citizens and lawful permanent residents ("LPR. , that your illegal entry and/or unlawful presence will not be used as a reason to deny your immigrant visa. Immigration CLE Seminars for Lawyers. Now anyone who is statutorily eligible for a waiver of unlawful presence can use the I-601A process to waive the unlawful presence grounds of inadmissibility found at INA §212(a)(9)(B). How long would it take to process an I-601 waiver in the United States? There are no posted processing times on the USCIS website for waivers filed outside of the United States. My waiver was filed on December 12, 2019.