A quick guide to I-601a Waver

If you had any experience with the US emigration office, you’ve probably heard of I-601a waver. It is a document that allows the family of the citizens or residents to request a waiver of the multi-year bars for unlawful presence before they leave the US instead of after. Perhaps you might’ve heard of its alternate name which is provisional waiver application.

The great thing about I-601a is that it simplifies a previously confusing process. Back in the day, you had to go through much more loopholes in order to get the document. The US government decided to make everything easier so that a person can now stay within the US territory while waiting for the results of the application. This is very important as the whole process can take years to end which would prevent an individual from seeing their family during the period.

Who can apply for I-601a?

The requirements are pretty straightforward:

  • You have to be currently in the US
  • Only those who are 17 or above can apply for it
  • Individual’s immigrant visa application is in process
  • You have an in-process of obtaining an immigrant visa based on a form I-130 petition by a family relative, a form I-140 petition by an employer or an I-360 petition on a qualifying basis.
  • You can’t get to the USA as your 180 days of the unlawful visit have ended
  • Person applying should be willing to leave the country in order to obtain a visa
  • Person applying has to show proof that the family will suffer without him or her
  • You still haven’t received an interview date by the Department of State before January 2013.

Keep in mind that the whole process is quite complex and may vary from case to case. Depending on your particular situation, it might take months and months until you get a response. There is no clear explanation as well when everything is finished; you simply have to trust the office to make the best decision.

Who can’t apply for I-601a?

Of course, there are also people who aren’t allowed to apply for a waiver. Here are some of the restrictions:

  • The person is younger than 17
  • Certain reasons not including criminal charges or health issues (you should consult your attorney to learn more about these potential issues)
  • The individual has a history of deportation or deportation-connected issues
  • The applicant is barred for life
  • The I-485 application is pending
  • Person applying doesn’t have proof that the family will suffer without him or her

The list of things that may potentially prevent you from getting the visa may extend beyond these points. It is best to consult immigration lawyers like Ruby Powers before proceeding so that you can get a better understanding of a particular situation.

No matter what, the whole asylum process should be coordinated by an asylum expert. Keep mind that there is a big difference between lawyers specialized in this particular question and those who are practicing other branches of the law. Make sure to get informed properly and only then, start the process.

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