First, What is a Waiver of Inadmissibility Based on Unlawful Presence?
Since March 4, 2013 certain immigrant visa applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens can apply for a provisional unlawful presence waivers before they leave the United States for their consular interview. On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees) and a waiver of inadmissibility for unlawful presence in the United States.
Individuals who have remained unlawfully in the United States for more than 180 days must obtain a waiver of inadmissibility to overcome the 3-year or 10-year bar on re-entering the United States. Individuals who have remained in the United States unlawfully for six to 12 months of are barred for three years; those here for more than a year unlawfully are barred for 10 years to enter the United States.
Generally, in order to apply for an immigrant visa, these individuals would have to depart from the United States and apply for an immigrant visa at a consulate abroad. To overcome the 3 year or 10-year bar on re-entry to the United States, they would then have to file for a I-601 Waiver of Inadmissibility. While the decision (which is discretionary) is pending, the individual would remain abroad, separated from his family in the United States with the risk of uncertainty whether the waiver will be granted. If the waiver is not granted, the individual will not be able to enter the United States for the period of the bar (3 years or 10 years).
What is a PROVISIONAL Unlawful Presence Waiver and How is it Different?
The PROVISIONAL Unlawful Presence Waiver (I-601A) allows individuals statutorily eligible for an immigrant visa, who have overstayed their welcome in the United states, and who are now facing a bar on re-entry, to apply for a waiver while remaining in the United States until a decision is rendered, BEFORE you depart for your immigrant visa interview at a U.S. embassy or consulate abroad.
If your provisional unlawful presence waiver is approved, you depart the U.S. to attend you immigrant visa interview abroad, and you are otherwise eligible, the consular officer will issue your immigrant visa. However, you should not that approval of the waiver does not guarantee that the visa will be issued.
If your provisional unlawful presence waiver is not approved, it allows you to re-evaluate and assess your immigration options while in the United States. The result is that you avoid the risk of being trapped outside the U.S. if the waiver application is denied.
Am I Eligible?
Click on the following link to see if your are eligible for the Provisional Unlawful Presence Waiver: Provisional Waiver Process Chart
Immigration can be a sensitive issue for many. Kalantarov Law, PLLC understands and sympathizes with our client’s immigration concerns. Likewise, we understand the intricacies involved in the immigration laws. For more information on this topic or related Immigration issues, please call, (516) 953-9801, Kalantarov Law, PLLC to speak with an musically fans no verification or survey experienced immigration attorney.