Provisional Waiver (I-601A)
Navigating relationships across borders is challenging. Today, you need many complicated forms and information to immigrate to the United States. If you want to stay in the US legally, it may help to file a provisional waiver (I-601A) application.
The Colavecchio and Colavecchio Law Office is here to sort out all of your problems with immigration law. We help you understand and navigate provisional waivers if you meet the criteria.
What is Form I-601A?
The provisional waiver (I-601A) allows visa applicants related to citizens of the US to excuse unlawful presence in the country and remain eligible for a visa. The process takes place before the applicant appears at the US embassy for a visa interview. Only qualified individuals can apply for the provisional waiver.
According to section 212 of the INA (Immigration and Nationality Act), unlawful presence is the period where you are living in the US without authorization. If you have been in the US for over 180 days prior to beginning removal proceedings, it can affect your immigration benefits.
Depending on how long you resided in the US unauthorized, you may have to wait between three and ten years to come back to the US. If unlawful presence describes your situation, you:
- May not enter the US.
- May not be eligible for a green card.
- May not be able to get a visa.
The provisional waiver (I-601A) forgives unlawful presence under certain grounds. Contact an experienced lawyer to help you through this process.
Who Needs a Provisional Waiver?
Anyone staying in the US unlawfully for more than one year will have their visa application denied. Acquiring permanent residency will also be impossible in such a case for ten years. In a lucky strike, such applicants can file for the provisional waiver (I-601A) if they meet specific rules and principles, including:
- Heights of personal difficulties: You will need to prove that only the provisional waiver can save your child, parent, or spouse (who is a US citizen) from extreme personal hardships. This difficulty should apply if you separate from them or if you both move out of the US. To increase your chances of success, contact Colavecchio and Colavecchio.
- No other contraventions: You should be able to prove that except for your unlawful presence in the US, you have never violated any other immigration rules or had a criminal record.
- Character: You should demonstrate that your personality and behavior allows you to get the provisional waiver privilege. The decision lies within the immigration department, and therefore besides being eligible, demonstrating good character is essential.
Filing an Application for Presence Waiver (I-601A)
After you confirm your eligibility, you will need to fill out the I-601A form to apply for the presence waiver. Follow the form’s instructions carefully and fill out the details correctly. Pay attention to the special guidelines and filing fees before submitting your application.
Remember to attach the necessary supporting evidence and documentation and seal the application with your signature. Submit your provisional waiver application to the immigration services department (USCIS) through the appropriate channels listed on the government website.
Once your paperwork reaches the immigration office, you will get an appointment to visit the application support center.
If you have more inadmissibility grounds than unlawful presence, you will need form I-601. Reasons to file this form include ineligibility for lawful residency because of:
- Violations of any previous unlawful presence bar
- Document fraud
- Committing fraud
- A prior conviction
The proof you need for this waiver depends on the reason for inadmissibility. To get permanent residency, you need a lawyer’s assistance. Your lawyer can ensure that you have the correct documentation and a sound argument for your case.
Contact the Colavecchio and Colavecchio Law Office
Filing for any type of provisional waiver is time-consuming and stressful. Additionally, these matters are often life-changing. For that reason, you want to have attorneys who care for your success.
Our team finds solutions to your challenging problems. We will guide you every step of the way and answer any questions. We are a family-operated firm, and our goal is to treat every client like family.
We’ve completed over 200 cases in Tennessee and conducted hours of research to become experts in the law. Immigration law has high stakes, and we do not take our job lightly when it comes to fighting in your interest.
Other than the provisional waiver (I-601A), our other immigration law practice areas include green cards, citizenship applications, and more. Contact us today to discuss your options for a provisional waiver.