Immigration-Family Immigration – Provisional Waivers

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

• ← Back to Family-Based Immigration Overview
• Petition for Alien Relative (I-130)
• Adjustment of Status for Family Members (I-485)

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

1. File Form I-601A: Submit the waiver application with all supporting documents to USCIS.
2. USCIS Review: USCIS reviews the application, requesting additional information if needed.
3. Approval Notice: If approved, the applicant receives a notice allowing them to attend a consular interview abroad.
4. Visa Interview Abroad: The applicant attends the visa interview at the U.S. embassy or consulate.
5. 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.