What is a provisional waiver of unlawful presence?

The provisional unlawful presence waiver allows the person to remain here, in the U.S., while USCIS makes a decision on the waiver, and then leave the U.S. to attend their immigrant visa interview only after the waiver is approved.

How long does it take for I-601A waiver to be approved 2020?

Generally, it takes 4 to 6 months to process an I-601A waiver application.

What percentage of I-601A waivers are approved?

What is the current approval rate of I-601A applications? As of February 2017, the approval rate for the Form I-601A is 96.22%.

Who qualifies for I-601A waiver?

Typically, you can use Form I-601A to file for a waiver if: You are physically present in the United States. You are at least 17 years of age at the time of filing. Have an immigrant visa case pending with the U.S. Department of State.

Can you file I-601A before interview?

You cannot file Form I-601 until after you attend your immigrant visa interview and after DOS determines that you are subject to other grounds of inadmissibility.

What is the difference between I-601 and I-601A?

Although the two waivers are fairly similar, the main difference between them is the location of the applicant: Form I-601 is for those individuals who are outside the U.S., while Form I-601A is for those individuals who are inside the U.S.

Can my immigrant visa still be denied if I have the i601a approval?

Even after the 601A waiver is granted, the U.S. embassy or consulate could deny your immigrant visa because of a reason different than your unlawful presence in the U.S. Usually if there is a denial, it’s due to something else that you did in violation of the immigration laws.

Why are i601a taking so long?

What are the I-601A processing times? There is a lot of variation in processing times for the I-601A provisional waiver. However, as of October 2020, it is common for I-601A waivers to be in process for longer than one year. This is likely due to the pandemic and slower overall processing by USCIS.

What is next after i601a approved?

The NVC will schedule you for an immigrant interview after the USCIS approves your I-601A petition. Schedule a medical exam overseas and make plans for your departure from the US. Travel to the US embassy or consulate overseas where your interview is scheduled. Expect to spend about three weeks outside of the US.

What is considered unlawful presence?

According to section 212(a)(9)(B)(ii) of the INA, you accrue unlawful presence if: You are present in the United States without being admitted or paroled; or. You have remained in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security (the Secretary).

How do I notify NVC of 601A?

How do I notify the NVC? If you need to contact the National Visa Center, please email [email protected] Enter your NVC Case Number or USCIS Receipt Number in the Subject Line of the email. Provide the applicant’s name and date of birth and the petitioner’s name and date of birth.

Do I file a 601 or 601A?

Form I-601 is used to waive grounds of inadmissibility and form I-601A is used to waive provisional unlawful presence. The second difference between the two forms is that Form I-601 can be filed from outside or inside the United States, while Form I-601A must be filed from inside the United States.

Where to file i601a?

Where to File. Mail your Form I-601A to the Chicago Lockbox facility. For U.S. Postal Service (USPS): USCIS. P.O. Box 4599. Chicago, IL 60680. For FedEx , UPS, and DHL deliveries:

When should I file for an I-601A waiver?

The I-601A allows you to apply for and receive a waiver after receiving USCIS approval but before you leave the US. 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.

Do I need to file I-601A?

Reason to file I-601a Form I-601A is the Application for the Provisional Unlawful Presence Waiver. This form is necessary when immediate relatives of U.S. citizens are applying for their Green Card and they are not eligible for Adjustment of Status.

How long are i601a waivers taking to get approved?

I-601A Provisional Waivers: How long does it take for an I-601A waiver to get approved? I-601A provisional waiver processing times can vary, but the goal is for most applications to receive a decision in less than six months. Some waiver applications may receive faster decisions while others could take longer.