601a Provisional Waiver

601a Provisional Waiver in Central Florida

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Effective March 4th, 2013, certain immigrants who had no legal status in the US and are a spouse, child, or parent of a United States Citizen may qualify for this special waiver. This waiver can be applied for within the US prior to departing to country abroad for initial interviews. This waiver, if approved, eliminates only one illegal entry and the unlawful presence accrued until the waiver is approved.

Who is Eligible for a 601A Waiver for Illegal Entry?

601 waivers are intended to only deal with one ground of inadmissibility in U.S. immigration law - accruing at least 180 days of unlawful presence in the country after turning 18. Other grounds of inadmissibility are best dealt with through cancellation of removal.

601 provisional waivers are intended to keep families together in the United States. These waivers also help ensure applicants do not risk getting trapped outside the country after traveling to the consular interview should their waiver be denied.

Certain criteria must be met in order to qualify for this waiver. You may be eligible if:

  • You are physically present in the United States
  • You are at least 17 years of age at the time of filing
  • You are the beneficiary of an approved immigrant visa petition, classifying you as the immediate relative of a U.S. citizen
  • You have an immigrant visa case pending with the U.S. Department of State (DOS), for which you have already paid the immigrant visa processing fee
  • You believe you are or will be at the time of the immigrant visa interview, inadmissible based on having accrued a certain period of unlawful presence in the United States
  • You can demonstrate refusal of your admission to the U.S. will cause extreme hardship to your citizen or LPR spouse or parent
  • You meet all other requirements of the provisional unlawful presence waiver as listed in the regulations, the Form I-601A

Disqualifying Factors for a 601A Waiver

Certain factors may make you not eligible for the provisional unlawful presence waiver and the application may be rejected or denied if:

  • You do not meet one or more of the requirements listed above
  • You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS inside the United States
  • You are in removal proceedings unless your removal proceedings are administratively closed and have not been re-calendared as of the date of filing of the I-601A
  • You have been ordered removed, excluded, or deported from the United States
  • You are subject to reinstatement of a prior removal order
  • DOS acted to schedule your immigrant visa interview prior to January 3, 2013, even if you failed to appear or you or DOS canceled or rescheduled the interview on or after January 3, 2013
  • You do not establish that the refusal of your admission to the United States would result in extreme hardship to your U.S. citizen/LPR spouse or parent, or that your application should be approved as a matter of discretion
  • USCIS has reason to believe that DOS may find you inadmissible at the time of your immigrant visa interview for grounds other than unlawful presence
  • You have a criminal conviction or immigration violation that makes you inadmissible

To learn more about if you qualify, contact our immigration team about a 601a provisional waiver. Call (407) 809-8886 today.

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