On January 3, 2013, the Department of Homeland Security published a regulation allowing immediate family members of U.S. citizens who entered the U.S. without inspection, or are otherwise ineligible to adjust their status in the U.S. due to unlawful presence, to apply for an I-601A waiver in the United States.Once their waivers are approved by the USCIS, they will be … The waiver applicant must have a qualifying relative, defined as the immigration applicant’s U.S. citizen or permanent resident spouse or parent. If you are in the United States but are unable for adjustment of status solely because of INA 212(a)(9)(B)(i)(I) or INA 212(a)(9)(B)(i)(II) (unlawful presence), you can file an I-601A to process a waiver of this inadmissibility while you are in the United States. For more information about case processing times and reading your receipt notice, visit the Case Processing Times page. An immigrant waiver for this ban is only possible if you can show that your spouse or parent who is a US citizen or permanent resident will suffer "extreme hardship" if you can't be in the US. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States, who are in the process of seeking Additionally, applicants must meet all other requirements on Form I-601A and the instructions for the form; as well as all requirements outlined in 8 CFR 212.7(e). Getting I-601 waivers approved is a milestone in the visa process. Advertisement. Applicants are permitted to reside in the U.S. during the decision process. Transform them into templates for numerous use, add fillable fields to collect recipients? Ranchod Law Group 2,917 views Turn them into templates for numerous use, add fillable fields to gather recipients? All applicants need to be physically present in the United States of America. Try now! i-601a, provisional unlawful presence waiver approval. U.S. Obtaining an approval assures you, prior to leaving the U.S., that your illegal entry and/or unlawful presence will not be used as a reason to deny your immigrant visa. The I601 is the one where you’re outside of the United States and you need to apply for a waiver and that is currently taking 12 to 16 months. Select your form number and the office that is processing your case. It often takes several months for this process to be completed. 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 are abroad and a U.S. consular officer has determined that you are ineligible for an immigrant visa or nonimmigrant K or V visa because you are inadmissible to the United States, then you may be able to file an application for a waiver of inadmissibility. Overall, the entire I-601A provisional waiver process, in the case of an immediate relative spouse petition, for example, from the initial consult to the U.S. Consulate interview, is approximately 24-48 months. If the I-601 waiver is for an immigrant who filed for a visa while outside the United States, an interview is usually required. 2. The I-601A is a provisional waiver … Applicants may submit accompanying waivers with I-601. Include the required supporting documentation for an I-601A Waiver. I-601 Waiver Processing Timeline. The timeline for the I-601A waiver process is as follows: Step 1: I-130, Petition for Alien Relative Submission Sample USCIS Notice of Receipt received after the initial K-1 fiancee visa petition is filed in the United States . Successful I-601 Waiver Clients Take Responsibility For Their Cases. Processing times are not currently posted online for I-601 waivers by the USCIS, whether filed in the United States or abroad. 1. The approval also makes the process very quick. Processing Times An applicant who files a Form I-601 has to wait for the application to be processed before he or she will receive a final decision. There’s an important waiver available to inadmissible immigrants, meant to promote family unity and reduce the uncertainty and risk that came with the old waiver application method. Although I601A provisional waivers have been a hot topic of conversation throughout most of 2012, as of December 30, 2012 it is not possible to apply for a provisional waiver. Application for waiver of two-year foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended. The waiver significantly reduces that amount of time. The applicant must be able to prove that they are an immediate relative (parent, child or spouse) to a United States citizen. What’s your timeline? Form I-601. 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.S. What is an I-601A, Application for Provisional Unlawful Presence Waiver? 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. The cost of “extreme hardship” waiver filing fee is 930$ The i601A provisional waiver filing fee is 715$ What is the processing time of i601 Waiver? Are you looking for a different type of waiver like i212 waiver? The I601a application process is difficult to fully understand and properly complete. NOTE: CLICK HERE SEE IMPORTANT UPDATE ON THE I-601A PROVISIONAL UNLAWFUL PRESENCE WAIVER TIMELINE. Work from any device and share docs by email or fax. Hi, has as anyone gotten a I601 waiver approved. Applicants must submit the form while staying in the United States. Sample USCIS Notice of Approval when the K-1 fiancee visa petition is approved and sent to the National Visa Center 601A waiver approved. In fact, the. No I601a’s please. The filing fees will be $670 (including $585 for the waiver’s filing fee and $85 for biometrics processing). I-601A: Application For Provisional Unlawful Presence Waiver. : Sacramento, San Jose - Duration: 5:04. Four to six months. The new provisional unlawful presence waiver (I-601A) process facilitates the issuance of immigrant visa for immediate relatives of U.S. citizens and spouse and children of Lawful Permanent Residents, who are otherwise admissible to the United States except for the 3-year and 10-year unlawful presence bars, which are triggered … Has anyone had any success stories or a timeline leading to approval of the I-601A? Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview. The I-601a is taking about five to seven and a half months and citizenship is taking about 8 to 14 months. I-797, Notice of Action – Case type: I601A Provisional Unlawful Presence Waiver. Entering the United States without inspection or over staying a visa can mean a 3 or 10 year bar once you leave the country. presence) and the provisional waiver, Form I-601A.1 The I-601A provisional waiver is used exclusively to waive the three- or ten-year unlawful presence bars for individuals who will be leaving the United States to consular process and meet other specific requirements. I601A Provisional Waivers Are Not Available Yet. i601a waiver timeline 2018. Beginning March 4, 2013, an eligible foreign national may file for a provisional unlawful presence waiver before they depart the United States to attend an immigrant visa interview. An example is a fee waiver form (I-912). I-601A Waiver Attorney: Provisional Unlawful Presence Waiver Process FAQs (Continued 2) Application for Provisional Unlawful Presence Waiver, Form I-601A, should be filed only with USCIS. Applying for and receiving the i-601a provisional waiver while in the United States – the new way. USCIS Notice of Receipt. The “unlawful presence” waiver is the most common type of waiver that this Law Firm prepares. Work from any gadget and share docs by email or fax. information, put and request legally-binding digital signatures. Waiver was adjudicated in Anaheim rather than in CDJ. November 16, 2011 Anaheim, CA- Waiver originating in Ciudad Juarez was approved after client received a "Notice of Intent to Deny" and hired our firm to respond to it. Our waiver was filed on March24 & had biometric appt on May2... We received RFE on June25 & turned evidence in by July25 and still no response!! Additional time required after approval to receive notification from the Consulate and then to receive the DHL packet with visa. data, put and request legally-binding electronic signatures. The I-601A waiver is an immigration form that allows certain relatives of permanent residents of the United States, who are currently classified as “inadmissible” to the country, to request an exemption of the multi-year bars for unlawful presence in the United States before they leave the US. You also may be surprised to know that even if you marry a US citizen, you’re still considered inadmissible until a I-601A waiver is approved. August 25, 2011 I-601 Waiver Attorney, Ruby L. Powers A common question I am asked by potential clients whose only option to obtain legal permanent residency for their spouse or fiancé from Mexico i Ciudad Juarez I-601 Waiver Timeline: From I-130 to I-601 - Legal Guides - Avvo 3. The five questions You should ask when applying for a I601 or I601a waiver? Only U.S. citizens may be qualifying residents. Benefit from a electronic solution to create, edit and sign contracts in PDF or Word format online. 5. 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 Then after your I-601A is approved, you can pursue consular processing to obtain your immigrant visa (permanent … i601a waiver timeline. Highlight The Totality Of Your Qualifying Relatives’ Circumstances. Build Your Evidence To Prove Extreme Hardship And Merit Grant Of I-601 Waiver. I-601A Provisional Waiver: A Step by Step Guide. Wondering if RFE is a bad sign for our case Division of State (DOS) may cancel your immigrant visa application if you fail to appear for your scheduled immigrant visa interview at a U.S. Embassy or Consulate even if your provisional unlawful presence waiver was approved.. Plus, if you are in the process of being … Check out now! Form I-601A, Application for Provisional Unlawful Presence Waiver, allows eligible relatives of U.S. citizens/ permanent residents to request a waiver of a multi-year bar for being unlawfully present in the United States. The process of applying for a waiver varies between the two forms, so the two processes will be outlined separately. The processing time for an I-601 waiver will depend on several factors, including whether you filed it in the United States or abroad, and the complexity of your case. Then read this post. Take full advantage of a digital solution to create, edit and sign contracts in PDF or Word format online. You Must Understand Whose Hardship Counts (Hint: Qualifying Relatives) 4. What happens next?