If the waiver is approved, you will be permitted to reapply for your immigrant visa and the officer cannot deny your visa based upon … This packet will generally be sent via DHL the day the consulate receives the I-601 approval notice from USCIS. If you have now received the approval from USCIS of your FORM -601A you will need to be proactive and initiate contact with the NVC and forward your I-601A approval with all of the necessary documentation including passport sized photos, NVC fee receipts, Affidavit of Support, etc. Green Card, Work Visa, H-1B Visa, The Ranchod Law Group provides immigration law services with offices in. A provisional waiver is a discretionary form of relief, meaning USCIS can approve or deny an application for most any reason. If an I-601A waiver is denied because the USCIS adjudicating officer decided that there was insufficient proof of extreme hardship … If approved, the I-601A Waiver is like a magical eraser that wipes away all of that unlawful presence. Once the waiver is approved by the USCIS, the applicant should receive a packet of information from the U.S. Embassy of her country of origin. If you are approved, then your visa application will continue to be processed. Forms (G28; I-601A) Itemized Table of Contents. The visa is valid for entry into the U.S. for four months. Depending on when the last interview was with the consulate, the applicant might need to submit updated documents. However, the truth is that many immigrants who apply to U.S. I-601 Waiver, What happens when your spouse is an illegal immigrant. Delivery to Attorney Form I-601 is used to waive grounds of inadmissibility and form I-601A is used to waive provisional unlawful presence. I-601A provisional waiver processing times can vary, but the goal is for most applications to receive a decision in less than six months. If it has been over a year since the last interview, che… The term "extreme hardship" is not defined in the immigration laws. This article will discuss the newest immigration waivers – provisional waivers of the ten year bar, known as I-601As – that went into effect in March 2013.. The National Visa Center (NVC) Process – Frequently Asked Questions (FAQs) If you have applied/are applying for the I-601A provisional waiver, listed below is important USCIS will advise the National Visa Center (NVC) once … It was approved. Credit: imgarcade.com. The consulate will retain the passport after the visa is approved. The actual green card should arrive sometime before the year is up. I-601A Provisional Waiver Processing Time. October 10, 2014-I-601A Provisional Waiver was approved in 5 months. My husband applied for I-601A waiver due to 5 to 10 year bar. If the officer found you inadmissible pursuant to I.N.A. A short time later, possibly as short as a week, the consulate will send via DHL the passport containing the visa and a sealed packet called the ‘Immigrant Visa Packet’. USCIS will begin accepting provisional unlawful presence waiver, Form I-601A applications on March 4th, 2013. A surprising question we received at our Sacramento office is what happens once an individual’s I-601A application for a provisional unlawful presence waiver is approved. Describe your case and we will get back to you. Once USCIS makes a decision on the I-601 waiver, they will issue an approval or denial to both you and the foreign consulate. In addition, it is likely the consulate will request new biometrics, an updated DS-260 and I-864 Affidavit of Support. I next provided further counseling to the applicant and his spouse on the Immigrant Visa application process and what to expect at the visa interview. Required fields are marked *. If you have retained an … May 21, 2014 I-601 212(h)waiver for a client in Canada with criminal convictions was approved in 5 months by NSC. After this waiver has been approved, the process assists in shortening the time that he is separated from immediate family … The packet will instruct her to set up a new interview appointment at the consulate. After the interview he was advised that he needed a waiver due to a drug conviction. Usually the application is approved around the time of the immigrant visa interview. If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal at the time you file the Form I-601A. I-601 Waivers: A Frequently Asked Question in Sacramento, I-601: New Unlawful Presence Waiver Requirements. This advisory is the second in a two-part series on unlawful presence and unlawful presence waivers. Under the I-601A Provisional Unlawful Presence Waiver process which was instituted in 2013, the alien can apply for the waiver in the United States. If you have a drug conviction or a guilty plea after the age of 18. If all required documents have already been filed with the NVC, you should be getting the appointment notice once everything has been processed. The waiver does not take effect until after he appears for the immigrant visa interview and he has left the United States. May 22, 2014 I-601A Provisional Waiver was approved in exactly 6 months. The chance of your application being approved depends on the strength of the evidence you submit. If approved, applicants will be notified of the day and time of their immigrant visa interview. The application filing fee is $585.00, the same fee required for the Form I-601. July 14, 2014-I-601A Provisional Waiver was approved in 3 1/2 months. (As of the time of this article, the I-601A waiver was available only for spouses, children and parents of U.S. citizens, ie, immediate relatives). Credit: Lillian Mongeau, EdSource Today. The following two tabs change content below. On the day of the interview, the applicant will bring all of the requested documents and her passport. In the case of a withdrawn Form I-601A, USCIS will not refund the filing fees because USCIS has already undertaken steps to adjudicate the case. Your email address will not be published. After all, it may be the goal of many applicants to secure the waiver so that they will not be barred from reentering the U.S. for up to a ten-year period. In other words, form I-601 lets you get a visa even after being denied. USCIS receipt number for your approved immigrant visa petition (Form I-130, I-140 or I-360) (if applicable) DOS Consular Case Number (NVC Case Number) (if applicable) Filing Tips for Form I-601A, Application for Provisional Unlawful Presence Waiver. When the I-601A waiver is approved, the applicant is required to leave the United States for the immigrant interview with U.S. consular officer. Beeraj Patel's philosophy is simple - make it easy for talented and ambitious individuals to have access to immigration materials so that they can make the choice which is right for them. Your email address will not be published. What Happens Once your I601 Waiver has been Approved? Getting your I601 waiver approved is most the difficult part of the process. Stockton, CA 95207 The new packet that you receive upon approval of your I-601 waiver will include instructions on how to set up an appointment at the consulate. In this way you can apply for an immigrant visa at a US embassy or consulate overseas, without fear that you will be subjected to a re-entry bar when you try to return. 8880 Cal Center Dr #190 Save my name, email, and website in this browser for the next time I comment. Within four months of receiving the Form I-601A waiver application, USCIS approved it. The I-601 application was mailed tod … read more Once you have officially applied, and all necessary visa documents are filed, you can expect to receive a final response regarding your I-601A waiver within 4 to 6 months after submission. I-601A is an immigration form that allows certain relatives of United States citizens or permanent residents to request a waiver of the multi-year bars for unlawful presence before they leave the US instead of after. If the applicant does not receive the packet within 30 days it is recommended to contact the consulate. Log in. I-601A Provisional Waiver: Process, Updates, and Pitfalls to Avoid . The officer will stamp the visa and the stamp serves as a temporary green card (I-551) valid for one year. H-1B Visa – Transfer Request for Evidence (RFE), Optional Practical Training and Curricular Practical Training. Once the waiver is approved by the USCIS, the applicant should receive a packet of information from the U.S. Embassy of her country of origin. Upon entry into the U.S., the applicant will present the sealed Immigrant Visa Packet. This process is not done through the National Visa Center, as it was when the applicant received her visa denial. Attorney Katy Chavez now has an office in Houston! I-601A WAIVER $550 (Turnaround time: 6-8 weeks) ~6 Week Document Collection* Affidavit Prepared. But that is not the last step necessary to obtain permanent residency or to enter the U.S. What comes next is a series of procedural steps so that the applicant can enter the U.S. lawfully. In certain circumstances, your provisional waiver processing time can be shortened by getting your case expedited by a USCIS Officer. We have always s... erved clients in Houston and around the country, but now you can schedule in person consultations right here in Houston. The packet will explain how to set up a new interview appointment at the consulate. USCIS is developing a new form for the proposed provisional unlawful presence waiver process – Form I-601A, Application for Provisional Unlawful Presence Waiver. Recent reports show that about 70% of these immigration waivers are getting granted, which is not bad, but there could be a higher grant rate with proper preparation.. The applicant then submits the provisional waiver application to USCIS on Form I-601A, with accompanying documents and fee ($630 plus $85 for biometric services if under 79 years old; 2020 figures). The I-601A Waiver only applies to applicants filing from WITHIN the United States. Family-Based. Any changes to your financial status directly or indirectly, may require a new Affidavit of Support. Phone: (209) 219-2377, J1 Visa Waiver Resource Once the packet’s instructions are followed the applicant can schedule the consulate interview online. The question, “What happens after my I-601 waiver is approved” is answered with the arrival of your packet. An I-601A waiver might be denied for any of several reasons. Face Your Immigration Law and Life Challenges with Optimism. What the I-601A Waiver Does. It is advisable to check any dates for expiration or new information; you may need to resubmit documents that need to be updated. This packet will generally be sent via DHL the day the consulate receives the I-601 approval notice from USCIS. This is generally 2-3 days after the USCIS approval. Phone: (916) 613-3553 Form I-601A lets you stay in the U.S. even after a visa overstay to help a family member. What Is The Difference Between A Green Card And Visa? I-601A PROVISIONAL WAIVER 2 I-601A PROCESS, UPDATES, AND PITFALLS TO AVOID | JUNE 2019 The I-601A Provisional Unlawful Presence Waiver, often referred to simply as the “provisional waiver,” is a process by which individuals who are currently in the United States and will be applying for an immigrant visa at a U.S. consulate Learn more. Compared to getting the waiver approved, these steps are simple. Consequently, the decision-makers have greater discretion to approve or deny I-601 waiver applications than they do with other U.S. immigration benefits. § 212, you might have the option to file a waiver (request for legal forgiveness). Consider how much time has passed since the last interview. Now that the waiver was approved, you should be preparing for your interview. Although I-601A waiver denials cannot be appealed, applicants may resubmit a new waiver application showing new or additional evidence.. The packet will instruct her to set up a new interview appointment at the consulate. This is generally 2-3 days after the USCIS approval. Unfortunately, just having gang related tattoos can keep you from being able to apply for an I-601 waiver, as the medical examiner may see them and decide that they need to tell the USCIS you are affiliated with a gang. Citizenship and Immigration Services (USCIS) for this waiver using Form I-601A will receive a denial notice. Sacramento, CA 95826 06/27/2019. Email: info@ranchodlaw.com, 4719 Quail Lakes Dr, # G-2015 Outcome: Waiver Approval + Immigrant Visa Grant. You have to have a compelling reason to receive this visa. Some waiver applications may receive faster decisions while others could take longer. A social security number will be assigned automatically and a card arrives about three weeks after entry into the U.S. If you have been found inadmissible for unlawful presence but are located outside of the United States, you will file the I-601 Waiver instead. However, there is good news! If you are denied the waiver, you can appeal the decision with Administrative Appeals Office (AAO) within 30 days. Center for Doctors, Doctors Immigration Law – Approval of a provisional waiver by the USCIS allows the spouse and children of U.S Having a full set of up to date documents for your interview will help eliminate any delays. The I-601A waiver, or “Provisional Unlawful Presence Waiver,” allows immigrants with an approved I-130 petition to remain in the United States while adjusting their immigration status.Traditionally, immigrants who are eligible to become legal U.S. residents (e.g. The I-601A allows you to apply for and receive a waiver after receiving USCIS approval but before you leave the US. The form is also referred to as a “provisional waiver application.” Previously, to file the provisional waiver application, those with excess unlawful presence in the US had to go through a much more convoluted process where they basically had to wait to be deemed inadmissible after a consulate … Message now if you would like to schedule a free consultation about the process for applying for a Provisional Waiver, or other possible options for spouses of US Citizens. Once the waiver is approved by the USCIS, you should receive a packet of information from the U.S. Embassy of the country of origin. We are accepting cases during these challenging times. After receiving a grant of a 601A waiver, there is a series of steps that you must still follow. ¿Qué sucede una vez que se ha aprobado su exención I-601? The processing time for I-601A Provisional Unlawful Presence Waivers is about 4 to 6 months. If the last interview was more than one year ago, she will likely need to have a new medical exam done. Allow you to apply for work authorization, Prevent your removal from the United States.