No ifs, ands, or buts. The I-601A Provisional Unlawful Presence Waiver can be a very stressful process. After we received the I601A approval, the lawyer sent the case to the NVC, and then we waited a year for the interview. I know my husband had the arrest which probably complicated his case, and his amount of time here made the I601A waiver necessary which added that year and a half. Write the USCIS receipt number for your Form I-212 in Part 1., Item Number 29.b. When the I-601A waiver is approved, the applicant is required to leave the United States for the immigrant interview with U.S. consular officer. I misunderstood that part though, so it took a few months to send it to the NVC. house where they would live in if the application is not approved, and similar items. wcdog, January 24, 2020 in Waivers (I-601 and I-212) and Administrative Processes (221g). My husband’s I601a was just approved. If you are denied the waiver, you can appeal the decision with Administrative Appeals Office (AAO) within 30 days. He has been in US for 26 yrs. Thank you. Ask a lawyer - it's free! Mailing a Letter to Japan? A Cover Letter written by the Practitioner should be included in any Waiver package application. So it took almost 5 years to get to the interview. I was wondering if anybody knows what is the process time after its approved in order to go for the Interview (Dominican Republic)? My Waiver was approved on May 2019, supporting documents were sent and received by USCIS, however, I have not heard anything about the interview? If his previously approved waiver is revoked, he may be able to file to wave certain grounds of inadmissibility. A22. I601A approved. I'm new to this forum and desperate to get some information about wait times. It varies, but looks like interviews are taking about 12 months. Applicants denied a visa or other immigration benefit, can resolve the issue with an I-601 waiver. i601 processing time varies from applicant to applicant. Once USCIS makes a decision on the I-601 waiver, they will issue an approval or denial to both you and the foreign consulate. Generally, it takes 4 to 6 months to process an I-601A waiver application. Attending the consular interview abroad after an approved Provisional Waiver: Once you have an appointment at your consulate you should go online and make an appointment for your ASC fingerprinting as soon as possible. His lawyer doesn’t want to bring it up unless they do. Browse related questions. Approved provisional waivers can be revoked if the DOS ends the immigrant visa application process, USCIS revokes the approved immigrant visa petition, the consular determines that he is inadmissible or if he attempts to re-enter the United States without being admitted. We began our case in March of 2015. I-601A Provisional Waiver Practice Advisory Immigrant Legal Resource Center ©2016 Immigrant Legal Resource Center 2 Responsibility Act of 1996.2 Under the statute, an individual accrues unlawful presence when he or she is “present in the United States after the expiration of the period of stay authorized by the Attorney General or is Certain immigrant visa applicants who are relatives of U.S. 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.S. Embassy or Consulate for an immigrant visa interview. I 601 is the waiver for a criminal record, you will be advised at the interview if you are eligible to file one. If DOS originally acted before January 3, 2013, to schedule your immigrant visa interview, you are not eligible to file a Form I-601A, even if you failed to appear for your interview or if you or DOS cancelled or rescheduled your interview for a date on or after January 3, 2013. on Form I-601A. By The waiver does not take effect until after he appears for the immigrant visa interview and he has left the United States. They receive ours on May 2019 and we still don't know or heard anythingÂ, The 601A waiver took 1.5 years. Thank you. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. (If other inadmissibility issues are discovered later, an approved I-601A will be revoked. All Rights Reserved. In addition, DOS estimates that it will schedule the applicant for an immigrant visa interview within 2 to 3 months after approval of the provisional unlawful presence waiver and the applicant’s submission of the required immigrant visa processing documents to DOS. Once we have approved your Form I-212, you can apply for a provisional unlawful presence waiver by filing Form I-601A. departs the United States for their consular interview, as a provisional waiver grant is no indication whether USCIS believes the applicant has any other inadmissibility issues apart from INA § 212(a)(9)(B) unlawful presence. I was approved the I601A waiver and am awaiting an interview in my native country of El Salvador. Wait four to six months for your I-601A application to be approved. How long will it take? If you wait you may not get an appointment for the day efore your consular interview. While the chances that your I-601A waiver is approved rely on a variety of factors, including the reliability of the facts of your case, the most common reason applicants are denied is by failing to provide sufficient evidence showing that if the waiver is denied, their US sponsor (spouse, parent, child or employer) will suffer extreme hardship. It was received in May 2017, and approved September of 2018.Â, They gave a 221g form requesting more documents. If your visa has been approved, you will be informed how and when your passport and visa will be returned to you. It's easy! In this case they will take your passport so that the visa can be processed and attached to the passport.