What is provisional unlawful presence waiver?

What is provisional unlawful presence waiver?

The provisional unlawful presence waiver allows the person to remain here, in the U.S., while USCIS makes a decision on the waiver, and then leave the U.S. to attend their immigrant visa interview only after the waiver is approved.

Who qualifies for 601A waiver?

Typically, you can use Form I-601A to file for a waiver if: You are physically present in the United States. You are at least 17 years of age at the time of filing. Have an immigrant visa case pending with the U.S. Department of State.

What happens after my I-601A waiver is approved?

What Happens After I 601 Is Approved? Once the waiver is approved by USCIS, the applicant should receive a packet of information from the U.S. Embassy of his or her country of origin. The packet will instruct the applicant to set up a new interview appointment at the consulate.

Can i601a be expedited?

Certain I-601A Cases can be Expedited In certain circumstances a USCIS officer can expedite a case if for some instance a long wait may negatively impact the life of the applicant or any of his family members who are U.S. citizens.

What is considered unlawful presence?

According to section 212(a)(9)(B)(ii) of the INA, you accrue unlawful presence if: You are present in the United States without being admitted or paroled; or. You have remained in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security (the Secretary).

What is the function of an I-601A waiver?

The I-601A provisional bar waiver allows a foreigner to remain in the U.S. while the bar waiver application is processed. If approved, the foreigner must at some point depart the U.S. and apply for a proper visa to return lawfully.

Where to file i601a?

You are in the United States

  • You are at least 17 years old.
  • You have an in-process of obtaining an immigrant visa based on a Form I-130 petition by a family relative,a Form I-140 petition by an employer,or an I-360 petition
  • Your immigrant visa application case is in progress.
  • What is i601a waiver?

    I-601A, Application for Provisional Unlawful Presence Waiver. 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

    How does the permanent immigration bar is triggered?

    The Permanent Bar An even more restrictive bar can be triggered by unlawful presence. This one also has a 10-year window, but it is considered *permanent* because after the 10 years are completed, one can only petition (form I-212) the Secretary of Homeland Security for permission to reapply.