Moreno Law Office, LLC

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January 4, 2013

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Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives: I-601A

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On January 03, 2013, the final rule in the Federal Register was published reducing the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents (LPRs).  The final rule establishes a procedure allowing eligible individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interview in their countries of origin.  The process will be implemented on March 04, 2013.

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Under the current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa.  In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and show that the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent.  Individuals applying for the provisional waiver under the new process will use Form I-601A, Application for a Provisional Unlawful Presence Waiver. 

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Applicants must still depart the United States for the consular immigrant visa process and they will be allowed to apply for a provisional waiver prior to their departure of their immigrant visa interview abroad.  Before applying for the I-601A waiver, individuals must notify National Visa Center (NVC) if they want to seek a provisional unlawful presence waiver.  If they do not notify NVC and they have a pending immigrant visa case at NVC, their case may be scheduled for an interview at a U.S. embassy or consulate abroad.  The notification directs the NVC not to schedule the immigrant visa interview appointment until USCIS has processed the provisional unlawful presence waiver application.  Those who do not qualify for the new process will continue to file a waiver application after they have appeared for an immigrant visa interview abroad and the Department of States has determined that they are inadmissible. 

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To learn more contact Moreno Law Office, LLC at 508-798-5291; Toll Free: 1-855-966-7366.

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