Provisional Waiver Application
Guiding You Every Step of the Way
Orlando Provisional Waiver Lawyers
Serving Orange County and Seminole County
For individuals living in the United States without permanent residency status, the prospect of traveling back to their home country can be daunting. A major concern is the risk of facing restrictive reentry bans, potentially lasting several years. Fortunately, I-601a Provisional Waivers offer a way forward for those facing these challenges and our lawyers have over 15 years of experience offering valuable help.
Call our Orlando office at (407) 598-6035 or contact us online today.
What Are I-601a Provisional Waivers?
Changes to U.S. immigration law in 1996 introduced penalties for people without lawful immigration status. These penalties included a 3-year reentry ban for those who had been unlawfully present in the U.S. for 6 months to 1 year and a 10-year ban for those who stayed over a year. These bans were triggered when people left the U.S., even if their departure was for the purpose of seeking a legal visa at their home country’s consulate.
These penalties created serious hardships, especially for those with strong ties to the United States, such as spouses or children who are citizens or permanent residents. Additionally, individuals providing financial and emotional support to their families or otherwise contributing to their communities were often left without options.
Other barriers, such as a prior criminal record, public health concerns, or extensive reliance on public benefits, could also complicate someone’s ability to obtain legal status. However, many people do not fall into these categories and are otherwise hardworking, law-abiding members of society.
The I-601a Provisional Waiver, introduced in 2013, aimed to address the unique challenges faced by people in these situations. This waiver allows eligible applicants to request a provisional waiver of unlawful presence before leaving the U.S. for consular processing. By doing so, it significantly reduces the amount of time families are separated and provides a much-needed solution for those seeking to normalize their immigration status while maintaining family and community stability.
Who Is Eligible for an I-601a Provisional Waiver?
These criteria can be complex and case-specific. We can evaluate your situation and guide you through the process:
An approved immigrant visa petition: Your approved petition is the foundation for seeking the I-601a Provisional Waiver.
Demonstrate extreme hardship: Eligible individuals need to prove that their U.S. citizen or lawful permanent resident spouse or parent would face extreme hardship if the applicant were denied reentry into the United States.
Physical presence: Applicants must be physically present in the United States when submitting their waiver application.
A clean record: Applicants must not have additional grounds of inadmissibility beyond unlawful presence, such as criminal issues or other immigration violations.
Consular processing: This waiver is for those who must leave the U.S. to attend their immigrant visa interview at a U.S. consulate in their home country.
Applying for an I-601a Provisional Waiver involves several important steps, each needing attention to detail and a thorough understanding of immigration law.
The process begins with gathering the required documentation, such as your approved immigrant visa petition and proof that your U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if your waiver were denied. Our office can draw on our years of experience to help guide you through this.
Next, we’ll help you prepare the waiver application, including a detailed explanation and evidence supporting your case, before filing it with the United States Citizenship and Immigration Services (USCIS). If approved, you must then attend an immigrant visa interview at a U.S. consulate in your home country to complete the consular processing stage.
Navigating this process can be complex, and errors or incomplete applications can lead to delays or denials. We’ll help you be sure that all forms and documentation are correctly prepared and submitted, reducing the risk of mistakes. We can help you prepare for the consular interview, making sure you're equipped to answer questions confidently and accurately. We want you to have confidence and peace of mind as you go through this process.
The attorneys and staff at Sherris Legal, P.A. take our jobs seriously. We know people and families are depending on our work to make their lives a little bit more manageable, and we work with meticulous diligence to try and secure a good outcome.
Our bilingual staff serves both English and Spanish-speaking clients, and we offer meetings both in person at our Orlando office or over video conference.
