Provisional Waivers (I-601A) Legal Services
Victoria Barr Law helps individuals overcome inadmissibility issues by filing Form I-601A for a Provisional Unlawful Presence Waiver.
Related Family-Based Immigration Services
What Is Form I-601A?
Form I-601A, Application for Provisional Unlawful Presence Waiver, allows eligible individuals to apply for a waiver of unlawful presence while still in the United States. If approved, they can attend a visa interview abroad with a reduced risk of being barred from re-entering the U.S.
Who Qualifies for a Provisional Waiver?
- Immediate Relatives of U.S. Citizens: Spouses, parents, and unmarried children of U.S. citizens.
- Approved I-130 Petition: Applicants must have an approved Form I-130, Petition for Alien Relative.
- No Other Inadmissibility Grounds: The applicant must only be inadmissible due to unlawful presence.
- Extreme Hardship Standard: Must demonstrate that denial would cause extreme hardship to a qualifying U.S. citizen relative.
Required Documents for Form I-601A
- Completed Form I-601A signed by the applicant
- Proof of U.S. citizenship of the petitioner (birth certificate, passport, or naturalization certificate)
- Proof of qualifying family relationship (marriage certificate, birth certificate, or adoption documents)
- Evidence of approved immigrant petition (Form I-130 approval notice)
- Supporting evidence of extreme hardship (financial records, medical reports, affidavits)
Provisional Waiver Process
- File Form I-601A: Submit the waiver application with all supporting documents to USCIS.
- USCIS Review: USCIS reviews the application, requesting additional information if needed.
- Approval Notice: If approved, the applicant receives a notice allowing them to attend a consular interview abroad.
- Visa Interview Abroad: The applicant attends the visa interview at the U.S. embassy or consulate.
- Re-entry to the U.S.: If the visa is granted, the applicant can return to the U.S. as a lawful permanent resident.
Why Choose Victoria Barr Law?
- Legal Expertise: Our attorneys are highly experienced in complex waiver applications.
- Personalized Legal Strategies: We create tailored hardship arguments for successful waiver approval.
- Document Preparation: We organize and file all necessary forms and supporting documents.
- Bilingual Services: We offer legal services in English and Spanish for seamless communication.
Start Your Provisional Waiver Application Today
Our experienced attorneys are ready to help you file Form I-601A and navigate the consular process. Contact us for a personalized consultation today.
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Frequently Asked Questions About Provisional Waivers (I-601A)
A provisional waiver allows individuals who are inadmissible due to unlawful presence to apply for a waiver before departing the U.S. for consular processing.
Eligibility includes immediate relatives of U.S. citizens who can demonstrate extreme hardship to a U.S. spouse or parent if the waiver is denied.
Key documents include proof of relationship to a qualifying U.S. relative, evidence of hardship, Form I-601A, and biometric fees.
Processing times for Form I-601A typically range from 6 to 12 months, depending on USCIS caseload and the complexity of the case.
After approval, you must depart the U.S. and attend a visa interview at a U.S. consulate in your home country for final processing.