Provisional Waiver (I-601A)

On January 2, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States who are not eligible for adjustment of status and are subject to unlawful presence bars (3 or 10 year bar) may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews at a United States consulate abroad.

On March 4, 2013, USCIS began accepting provisional unlawful presence waivers, more commonly referred to as the “Provisional Waiver” or Form I-601A. The provisional waiver is available to individuals whose sole ground of inadmissibility is unlawful presence and are thus subject to the three (3) and ten (10) year bar that are triggered once the person travels abroad for his or her consular interview.

In essence, the provisional waiver allows the requester to remain in the United States alongside his or her family, and loved ones while USCIS makes a decision whether to grant or deny the unlawful presence waiver.  This change in the law minimizes the potential and fear of year long delays and family separation of the applicant and his or her family in the United States.

The Law Offices of Bernardo Merino can assist you in assessing and understanding your eligibility for the provisional waiver as you pursue a family-based immigration petition.  The eligibility requirements are complex and the process is complicated but we are here to assist.  For more information please schedule a consultation by calling our San Francisco office located in the Financial District or our San Jose office located in downtown San Jose.