I-601A Provisional Waiver

Thứ Tư, 09 Tháng Giêng 201300:00(Xem: 28886)
I-601A Provisional Waiver
Last week, CIS announced that applicants may begin filing the I-601A waiver request on 04 March. Between now and then, there will be more detailed information coming from CIS. Note that the new I-601A application form does not yet appear on the CIS website.

A Provisional Waiver allows persons to apply for form I-601A provisional waivers to excuse their unlawful presence in the U.S. This will benefit persons who entered the U.S. without inspection or who are ineligible for some other reason to adjust their status in the U.S. After their waivers are approved by the USCIS, they will be eligible to attend their appointments for immigrant visas abroad.

Waiver requests can be filed by immediate relatives of U. S. citizens (parents, spouses, and children under the age of 21 and unmarried) who are unable to adjust status in the U. S

The aim of this new program is to avoid having immediate relatives submit I-601 waivers abroad, and then be separated from their families for months or even years while their waivers are pending.

To qualify, a person must be at least 17 years old, and be the beneficiary of an approved I-130 visa petition as an “immediate relative” of a U.S. citizen.

Immediate relatives are spouses, parents and children of U.S. citizens.

The law requires that in order to obtain a waiver, the applicant must demonstrate “extreme hardship” to a qualifying relative. Qualifying relatives must be spouses or parents who are U.S. citizens.

The waiver applies only to persons who have unlawful presence in the US and who are subject to either the 3-year or the 10-year bar once they leave the U.S.

The rule only covers those with no other problems than inability to adjust status in the States. It does not apply to those with removal orders, or to those who have already been scheduled for immigrant visa interview before the rule publication date of January 3, 2013.

If a person’s I-601A waiver is denied, is it possible to appeal? No, it is not possible to appeal an I-601A denial or submit a Motion to Reopen, but it is possible to re-file a waiver after a denial.

Those who are ineligible because of immigrant visa interview scheduling before 03 January 2013 can have their immigrant visa registration terminated and a new immediate relative petition filed or have a new immediate relative petition filed by a different petitioner.

What are the chances that your I-601A waiver will be granted? This depends on the facts of your case, and how well your I-601A waiver is documented to demonstrate “extreme hardship” to your qualifying relatives. Do not submit 5 or 6 exhibits and expect to receive an approval.

Extreme hardship can be emotional, financial, medical, etc. and hopefully a combination of these and many other factors. Last year, the USCIS denied 34% of I-601 waivers.

Persons who have recently married are usually not advised not to submit waivers. Their chances of approval rise a lot after they have children and a house, especially if the qualifying relative would be forced to remain at home to care for the child(ren) if the I-601A applicant is denied.

Before applying for the I-601A, you must notify NVC if you have a pending immigrant visa case at NVC. If you do not notify NVC, your case may be scheduled for interview at a U.S. embassy or consulate abroad. If NVC has scheduled your immigrant visa appointment after 03 January 2013, you must notify the US consulate where your appointment has been scheduled before applying for the provisional waiver.

Notify NVC immediately after you have paid the immigrant visa processing fee and before you apply for the provisional unlawful presence waiver. NVC will schedule your immigrant visa interview after USCIS has finished processing your provisional waiver application.

For cases at the U.S. consulate: If NVC has scheduled you for an immigrant visa appointment and you are eligible to apply for the I-601A, you must notify the immigrant visa processing post where your appointment has been scheduled before applying for the provisional waiver. Once USCIS finishes processing your provisional waiver, you may contact post to reschedule your immigrant visa appointment.

If you do not notify NVC, your case may be scheduled for interview at an overseas post, which will delay processing of your immigrant visa application once USCIS has finished processing your provisional unlawful presence waiver application.
Q.1. Can spouses and children of permanent residents also qualify to submit the new I-601A waiver form?
A.1. No. USCIS will only make the proposed unlawful presence waiver process available to immediate relatives because visas are always available to this group of individuals.

Q.2. Will I use the current Form I-601, Application for Waiver of Grounds of Admissibility to apply for a provisional waiver?
A.2. No. USCIS is developing a new form for the proposed provisional unlawful presence waiver process – Form I-601A, Application for Provisional Unlawful Presence Waiver. The application filing fee is $585.00, the same fee required for the Form I-601. There is an additional biometric fee of $85.00 for applicants who are under 79 years of age.

Q.3. If I get an approved provisional waiver, can I adjust my status without leaving the United States?
A.3. No. Individuals who receive a provisional unlawful presence waiver must leave the United States to attend their immigrant visa interview with a consular
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