A provisional Waiver is available only to an individual whose sole ground of inadmissibility is a period of unlawful presence in the US for longer than a period of six months. Persons who have resided or worked unlawfully in the US more than six months, upon leaving the US, are ordinarily subject to a bar from returning for a period of three years as a punishment for the unlawful presence; for more than one year of unlawful presence, the bar increases to 10 years. Absent the grant of a waiver, an applicant could be denied re-entry to the US if the waiver were denied solely because of the departure abroad for the interview. The provisional waiver process is denied to eliminate this unfair consequence.
The applicant must currently be physically in the United States, and will be departing for consular processing abroad.
USCIS began processing applications for the Provisional Unlawful Presence Waiver on March 4, 2012. Form I-601A, application for Provisional Unlawful Presence Waiver is available for free download at the USCIS website to apply for the provisional waiver.
USCIS is the only immigration agency authorized to adjudicate the Provisional Unlawful Presence Waiver (Form I-601A), even if the applicant is in removal proceedings.
The Provisional Unlawful Presence Waiver is available only to immediate relatives of U.S. citizens. Immediate relatives are defined as spouses, minor children, and parents of U.S. citizens. Other family relationships with permanent resident relatives do not qualify at present but President Obama's executive actions of November 2014 promised to expand the the scope of the provisional waiver to include all categories of persons who can obtain an unlawful presence waiver otherwise.
A provisional waiver may be granted only upon a showing of extreme hardship to a US citizen spouse or US citizen parent. An applicant cannot qualify for the provisional waiver upon a showing of extreme hardship to a US citizen child.
USCIS conducts full background and security checks to screen for national security risks and public-safety threats. Such checks may also reveal if an applicant is potentially subject to another ground of inadmissibility, and if there are negative factors or conduct that may affect approval of the waiver application.
The initial filing fee for the Form I-601A is $585.00. The Biometric fee is $85.00. Applicants for a Provisional Unlawful Presence Waiver cannot obtain a fee waiver for the Form I-601A filing fees, or the required biometric fees. Refunds of fees will not be permitted.
At Messing Law Offices, we provide high quality legal services and expertise to families, working men and women, and businesses. If you have a concern in the areas of family based immigration, business based immigration, employment based immigration, or naturalization and you are seeking the help of an experienced immigration lawyer, contact Messing Law Offices (520) 512-5432 for professional Arizona immigration attorney assistance.