United States immigration law allows individuals who are unlawfully present in the country to apply for an I-601A provisional waiver. These individuals would be subject to a three year or ten year bar from re-entering the United States if they were to leave the country. Therefore, anyone wishing to obtain an I-601A provisional waiver must obtain the waiver before leaving the country.
The I-601A provisional waiver is much like the I-601 waiver in that both are “waiving” a person’s inadmissible status. However, the I-601A provisional waiver only applies to individuals who are inadmissible because of their unlawful presence in the United States, whereas the I-601 waiver applies to individuals who are inadmissible for unlawful presence in addition to other reasons, such as having a criminal record or having entered the United States based on fraud or misrepresentation.
Why Are Unlawful Residents the Only Group Eligible for an I-601A Provisional Waiver?
I-601A provisional waivers are only available to unlawful residents because the process for obtaining a provisional waiver as opposed to a regular I-601 waiver is much quicker. For example, once an eligible person obtains the provisional waiver, he or she must leave the United States, have the green card interview in his or her own country, and then travel back to the United States within a few days or weeks. With I-601 waivers, it can take much longer.
Because residing in the United States unlawfully is not something that is a threat to the health and safety of the United States, United States Citizenship and Immigrations Services (USCIS) is more lenient on these individuals with inadmissible status. Having a criminal record or entering the United States based on fraud or misrepresentation are more concerning to USCIS, thus, no provisional waiver is available to those inadmissible aliens.
Why It Is Important to Speak With an Immigration Attorney
Applying for, and obtaining an, I-601A provisional waiver can be difficult and it involves thorough attention to detail and a complete understanding of what is required. While USCIS has forms and instructions available to anyone wishing to complete a form I-601A, the instructions are not always straight forward and it is easy to make mistakes.
You should always consider speaking with an immigration attorney when you need to complete forms and/or communicate with USCIS. Every step you take is crucial and you future may rest on the judgment of one immigration official who is determining whether or not you should be given an I-601A provisional waiver. An immigration attorney can ensure that you are doing everything you possibly can to obtain the waiver. While there are no guarantees with any immigration process, you will have peace of mind, confidence, and comfort, in knowing that your attorney is helping to make your I-601A application as complete, accurate, and strong as possible.
Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation
If you or a loved one is interested in obtaining an I-601A provisional waiver, it is important that you act quickly. The longer you unlawfully reside in the United States, the more difficult it may be for you to obtain the I-601A provisional waiver. Geygan & Geygan, Ltd. employs highly skilled immigration attorneys who have helped their clients obtain I-601A provisional waivers with the proper demonstration of extreme hardship and the required documentation. Our attorneys will provide you and your family with all available options to help you seek to live lawfully in the United States. To schedule a free consultation with one of our immigration attorneys, contact Geygan & Geygan, Ltd. today, by calling (513) 791-1673.