Provisional Unlawful Presence Waivers by filing Form I-601A, Application for waiver of grounds of inadmissibility are accepted from March 2013 for the foreign citizen immediate relatives (spouse, children and parents) of U.S. citizens against the decision by the Department Of State (DOS) on the inadmissibility of the person based on his/her unlawful presence in the U.S. on the basis of the extreme hardships that will be faced by the U.S. citizen due to the absence of his/ her foreign citizen.

These waivers are for the 3 or 10 year bans from entry into United States, given as punishment for unlawful presence in the U.S. (unlawful entry and residence/ expiry of lawful residential status/ stay for years without a residential permission and /or working in the U.S. without a work permit).

Traditional waiver for inadmissibility to the U.S. by filing the old, Form I-601 was involved with almost similar conditions and created much hardship to the immigrants due to the long waiting periods of months to get an answer for the Application for waiver. Because of which the immediate relatives had to be away from the U.S. citizen waiting for the waiver for much longer periods leading to hardships.

The new Provisional Unlawful Presence Waivers via Form I-601A has made this waiver program much simple and with fast results.

Persons eligible for filing for waiver under Form I-601A are:

  • Immediate relatives of a U.S. citizen (as of now).
  • Applicants for waiver should be physically present at the time of submitting I-601A.
  • Applicants should have reached the age of 17.
  • Applicants are inadmissible to U.S. only on the basis the unlawful presence in the United States and not on the basis of other grounds like crimes committed etc.

Gavlin & Associates, P.C., NY can negotiate your provisional waiver applications in the best possible manner. We will guide you through the whole process banking on our immense experience in this field.