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Provisional Waiver (I-601A)

Who can file a Provisional Unlawful Presence Waiver?

The Provisional Unlawful Presence Waiver allows certain family members to apply for a waiver before they exit the United States to consular process. The waiver only waives time over six months that your family member was in the United States without lawful status. The Provisional Unlawful Presence Waiver was expanded by immigration and now the beneficiary of most family petitions may qualify as long as they have a U.S. Citizen or Lawful Permanent Resident spouse or parent. In order to qualify, the family member must not require any other waivers and must prove the inability to re-enter the United States would cause their U.S. Citizen or Lawful Permanent Resident family members extreme hardship. The expansion of this waiver can now possibly help even someone with a deportation order.

The basic requirements for this waiver are:

  • approved family petition and visa availability
  • more than six months inside of the United States without lawful status
  • no other issues requiring a waiver, except possibly for a deportation order
  • S. Citizen or Lawful permeant Resident spouse or parents
  • extreme hardship caused by family separation or relocation

The Provisional Unlawful Presence Waiver is one of the most beneficial changes to current law. Previously, the family member would be forced to apply for the waiver outside the country, causing a family separation for extended periods of time. With the current changes, the waiver is applied for and the decision received before the family member departs the United States, minimizing the separation.

The Provisional Waiver process is extremely sensitive and complex. If the family member is not aware of something in their past, they may travel outside the United States with an approved waiver, and the consulate may find them to be ineligible for re-entry. They may be stuck outside the United States for ten years or even permanently. It is highly recommended that you seek the advise of an experienced immigration attorney. Dorsett Immigration Law has had a high rate of success applying for Provisional Unlawful Presence Waivers. We are also very experienced in preparing family members for their interview at the consulate in their home country. Contact Dorsett Immigration Law now for your free consultation.