The purpose of Form I-601A is to provide a legal mechanism for eligible individuals to formally request a provisional waiver. This waiver pertains to the grounds of inadmissibility related to unlawful presence under the Immigration and Nationality Act (INA) section 212(a)(9)(B). The waiver is essential as it minimizes the time applicants would otherwise spend apart from their family during the waiver process.
Applicants must meet specific criteria to be eligible for the I-601A waiver:
It’s essential for applicants to understand that the I-601A waiver process is complex and requires a detailed understanding of immigration law.
The current fee for the I-601A application is $630. Applicants under the age of 79 are also required to pay an additional $85 for biometrics services, making the total fee $715.
Applicants can pay the filing fee using:
Fee waivers are not available for the I-601A provisional unlawful presence waiver application. All applicants must pay the full required fee, unless exempted under specific guidelines set by the USCIS.
Applicants must provide evidence that establishes their eligibility for the provisional unlawful presence waiver. This includes proof of their relationship to a U.S. citizen or lawful permanent resident, and documentation supporting their claim of extreme hardship to their U.S. relative should the waiver not be granted.
After an applicant submits their Form I-601A and the accompanying filing fee, the process progresses through several steps. The United States Citizenship and Immigration Services (USCIS) provides notifications and facilitates further requirements for the applicant.
Once the USCIS accepts the Form I-601A for processing, the applicant receives a Receipt Notice. This document, Form I-797C, confirms the receipt of the application and includes a receipt number, which is critical for tracking the case’s progress.
Following the acceptance of the application, USCIS schedules a Biometrics Appointment. Applicants under the age of 79 are required to attend this appointment for fingerprinting and other biometric services, with the associated fee already paid at the time of initial filing.
Applicants can monitor the status of their Form I-601A using the receipt number from the Receipt Notice. The USCIS offers case status tracking online or through their customer service hotline, providing transparent updates on the application’s progression.
Issue: An incomplete I-601A application is a primary reason for delays or denials. This typically occurs when an applicant fails to provide all required information on the form or neglects to include necessary supporting documents.
Resolution: To avoid this issue, applicants should:
Issue: USCIS may issue a Request for Evidence (RFE) if the submitted I-601A lacks sufficient evidence to demonstrate eligibility for the waiver.
Resolution: Applicants should promptly and completely respond to an RFE by:
The I-601A waiver exists to address the legal issue of inadmissibility due to unlawful presence in the United States. Under the Immigration and Nationality Act section 212(a)(9)(B), individuals who have been unlawfully present in the U.S. for more than 180 days but less than one year and then depart voluntarily, face a three-year bar from re-entry. Those unlawfully present for over one year face a ten-year bar from re-entry upon departure. The I-601A provisional waiver allows qualifying applicants to apply for a waiver of these bars before leaving the U.S. for their consular interview.
Legal representation is often crucial in navigating the complexities of immigration law and ensuring a correctly filed I-601A application. An immigration attorney can provide:
Attorneys experienced in immigration law understand the procedural nuances and can help applicants avoid common pitfalls that could lead to delays or denials.
When applying for an I-601A Provisional Unlawful Presence Waiver, applicants have access to a variety of resources and support mechanisms to ease the process. One should leverage official channels and expert legal advice for the most accurate assistance.
The United States Citizenship and Immigration Services (USCIS) provides direct assistance through various means. Applicants may contact USCIS for information regarding the I-601A waiver, including filing fees:
Applicants seeking assistance in the application process for an I-601A waiver should consider:
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