This provisional waiver allows immigrating family members of U.S. citizens to petition while in the United States and avoid being trapped outside the United States for years. There is only a limited class of applicants that can apply for the I-601A waiver.
You must meet all of the following criteria:
- You are the immediate relative of a U.S. citizen – a spouse, parent, or unmarried child under the age of 21.
- You are physically present in the United States at the time of submitting your Form I-601A.
- You have reached the age of 17.
- You are otherwise admissible to the United States.
- You were NOT assigned an interview date before January 3, 2013.
- You can supply evidence showing that your qualifying U.S. relative – your U.S. citizen spouse or parent – will suffer extreme hardship if the provisional waiver is not granted.
- Your application for the waiver will not only need to include Form I-601A and the fee, but copies of documents proving all of the eligibility factors required.
Once the application is approved, the applicant can leave the country for the consular interview and the green card may get approved. If USCIS denies the provisional waiver application, the applicant can still live with family in the United States while they try again before the consular case has been closed.
Contact Sherris Legal, P.A. to determine if you are an eligible candidate and to learn more about qualifying for the I-601A Provisional Waiver.