It is a legal resource that allows undocumented immediate family members of an American citizen or permanent resident to complete the process to obtain the Green Card. RECOMMENDED: Marriage to a U.S. Citizen After a Visa Overstay. Share sensitive information only on official, secure websites. CitizenPath is not a law firm and is not a substitute for an attorney or law firm. What follows after the approved I-601 Waiver process? At the time of writing this article, the USCIS fee is $630 (plus $85 for biometric screening under the age of 79). Usually, people who plan to process their permanent residence outside the United States use it through the consular process. However, with the approval in hand, a person often is only out of the country for a few weeks. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. To prevent this type of forgiveness for returning to the United States from being denied, it is necessary to seek professional help. We recommend that you review these requirements before completing and submitting your form. A printout from the Electronic Diversity Visa Entrant Status Check page at. We will reject your form if any of the following are missing: Filing Tips for Form I-601A, Application for Provisional Unlawful Presence Waiver. The good thing about this forgiveness is that the immigrant knows before leaving the US if his waiver was approved or not. Individuals who wish to apply for an unlawful presence waiver must file Form I-601A, Application for Provisional Unlawful Presence Waiver. You must show that denial of your waiver application will cause extreme hardship to your qualifying relative. Box 4599 Your access to and use of this site is subject to additional Terms of Use. Positive factors that USCIS considers are health/medical issues with the U.S. citizen or resident, financial support provided by the foreign national, good moral character, family ties to the U.S., country conditions in the foreign country, length of time in the U.S., and any other relevant factor that demonstrates hardship. Attend the interview with the consular officer. P.O. The I-601A application is only for people seeking waiver of the 3- or 10-year bar, not for people seeking waiver of other grounds of inadmissibility such as criminal conduct. Even with the new process, a person is still required to leave the U.S. at the final step of the process for an interview at the consulate before returning to the U.S. USCIS generally follows a “first in, first out” rule of processing cases which are filed first, but there is some variation even with that rule. You must be present in the United States at the time the application is filed; You must be the beneficiary of a pending and qualifying immigrant visa application (. However, making a request is much more complicated than preparing a form. Your immigrant visa petition approval notice or Department of State (DOS) Electronic Diversity Visa Entrant Status Check printout (if applicable), A copy of your Department of Justice EOIR Administrative Closure Order (if applicable), A copy of your Form I-797, Notice of Action, showing we approved your  Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable), Your DOS Immigrant Visa Processing Fee Receipt (for immediate relatives, family-sponsored, and employment-based immigrant visa applicants), Evidence of your relationship to your qualifying relative (if applicable), Evidence of U.S. citizenship or lawful permanent resident status of your qualifying relative (if applicable), Evidence your case warrants a favorable exercise of discretion. i601 processing time varies from applicant to applicant. According to USCIS, it is taking the agency approximately 9-14 months to process Form I-601A, Application for Provisional Unlawful Presence Waiver. Not everyone is eligible to use the waiver process, and some people are eligible to adjust status in the US without getting this waiver. For more information, see the Provisional Unlawful Presence Waiver webpage. You can be found inadmissible due to prior deportations or unlawful presence (undocumented immigrant status, for example). It is very important to show that if the immigrant is not granted forgiveness, the applicant ‘s relative will suffer “extreme harm”. This might include personal affidavits, medical records, financial records, educational transcripts, documentary evidence of conditions in your home country, etc. Always seek the opinion of an experienced immigration lawyer to fully evaluate your case, and to see if you qualify for the I-601A process. However, as of October 2020, it is common for I-601A waivers to be in process for longer than one year. I-601A Waiver allows to avoid the effects of law enforcement of punishment from 3 to 10 years. How do I fill out the letter for my husband’s extreme suffering? This page contains the latest USCIS processing time & priority dates as of 4/9/2018. The I-601A allows you to apply for and receive a waiver after receiving USCIS approval but before you leave the US. However, the waiver itself does not provide lawful status, employment authorization, or protection from deportation. In case of not receiving the package within 30 days, it is advisable to contact the consulate. Schedule a consultation today to review the best practices for preparing this kind of immigration waiver. Those requests typically are used to ask for more evidence of “extreme hardship.” It’s important to work with a lawyer to review the reasons for any requests for evidence as well as what kinds of evidence might be useful to show extreme hardship. and diseases. First, it’s important to understand that the I-601A can only waive a person’s unlawful presence in the US once they have left.

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