Adding to the complexity of immigration law, the USCIS added a provision in January of 2013 that alters immigration policy; allowing those who are needing to return to their country of origin for their visa interviews, to apply for a provisional unlawful presence waiver. This amendment is known as an I-601A Provisional Waiver. The waiver is meant to reduce the amount of time that U.S. citizens might be separated from their immediate relatives, ultimately reducing the amount of hardship faced during the time of separation. The USCIS determined that lengthy stay requirements were unfair to those immediate relatives, granting them the right to remain in the U.S. until the time of their visa interview.

The I-601A waiver is different from an I-601 Waiver of Ground of Inadmissibility in that the immigrant in question is not able to file the application until after they have appeared for a visa interview in their country of origin and their visa application had been denied. By proving undue hardship caused by the separation, those with green cards can wait out the time here in the U.S.

Eligibility requirements, and the application process itself, can be extremely complex. We invite you and your family to contact an immigration lawyer in regards to questions, concerns, and assistance with filing these waivers. We can help you determine if they apply to your family and your needs. In addition, we can assist with filling out the waivers for you. Find out more about immigration information by calling our legal team at (866) 318-0044