The provisional unlawful presence waiver Form 601-A, process allows immediate relatives, who need a waiver of inadmissibility for unlawful presence, to apply for that waiver in the United States before they depart for their immigrant visa interview.
United States Citizenship and Immigration Services (USCIS) confirmed Friday a new rule to allow certain foreign nationals, undocumented immigrants, spouses and unmarried children under 21 of permanent residents to apply for a provisional waiver before they leave the U.S. to appear for their immigrant visa interview in their country of origin.
This new ruling by USCIS will enter effect on August 2016 and can be applied for by completing form 1-601A and comply with a long list of requirements. The process can start after a person has the Form I-130 (Petition for Alien Relative) application approved. The new ruling has also provided for Employment Authorization visas and the Diversity Immigrant Visa Program or lottery visas.
Even though you receive approval of the Form 601-A with the waiver for provisional unlawful presence, this does not guarantee that you will be approved for a visa. If the Consular Officer at the U.S. Embassy or Consulate determines that you are inadmissible on grounds apart from unlawful presence, such as if you lied on other occasions during an interview with immigration officials; if you have violated the Immigration Act or have entered the U.S. many times illegally. Each case is different.
That is why it is extremely important that you place your case and situation in the hands of an experienced and skilled immigration attorney, with experience handling complicated cases before these agencies and courts. You can verify in the State Bar of Texas website, if an individual is licensed by be State of Texas.
It is important that you take all your documents with you to the consultation with your attorney. Something that may seem unimportant to you may be vital to winning your case. All these procedures involve fees. USCIS takes between 7 to 9 months to approve the waiver and this could increase due to the volume of applications.
An experienced attorney authorized to practice immigration law in Dallas, throughout Texas, can assure that your case moves forward as quickly as possible and is handled correctly.
