Adjudication and Decision Process
The adjudication of the Form I-601A involves a thorough review by USCIS to determine eligibility for the provisional waiver, followed by clear communication of their decision, with set timeframes affecting the process. Applicants have recourse to appeal should their request be denied.
Provisional Waiver Review and Adjudication
The United States Citizenship and Immigration Services (USCIS) conducts a detailed examination of the Form I-601A, assessing the applicant’s fulfillment of requirements such as demonstrating extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent. This review process includes checking for:
- Accurate completion of the application
- Evidence of extreme hardship
- An assessment of the applicant’s presence and eligibility within the United States
USCIS may request additional evidence (RFE) if initial documentation is insufficient, placing the burden of proof on the applicant to substantiate their claims.
USCIS Communication and Processing Times
USCIS aims to provide timely updates regarding the status of an applicant’s Form I-601A. Processing times can vary based on caseload and complexity, but they generally aim to decide within 12 to 18 months. Applicants should remain vigilant for:
- Notices about biometrics appointments
- Requests for additional evidence
- Final decision notifications
Timelines can be accessed and monitored on the USCIS website, under the “Check Case Processing Times” section.
Appealing USCIS Decisions
In instances where the I-601A provisional waiver is denied, applicants are granted the option to file an appeal or a motion to reopen or reconsider the decision. USCIS outlines this process, and it must be:
- Submitted within 30 days of the decision
- Accompanied by a valid legal argument or new evidence
The appeal process does not guarantee a reversal, but it provides an additional review of the grounds upon which the original decision was made.