How long does I-601A take to process?

I-601A, Provisional Unlawful Presence Waiver

Are you an immediate relative of a U.S. citizen facing potential inadmissibility due to unlawful presence? The provisional unlawful presence waiver might be your pathway to legal status.

What is a Provisional Unlawful Presence Waiver?

A provisional unlawful presence waiver is a legal tool designed for certain individuals who:

• Are immediate relatives of U.S. citizens (spouses, children, or parents)

• Are currently in the United States

• Have accrued over 180 days of unlawful presence

• Are seeking an immigrant visa through consular processing abroad

• May face a 3 or 10-year bar upon departure from the U.S.

  
  

Key Benefits and Limitations

1. Apply before leaving the U.S., reducing time spent apart from family.

2. Covers only unlawful presence inadmissibility grounds.

3. Takes effect only after departing the U.S. and completing a successful immigrant visa interview.

Who is eligible to file Form I-601A?

Typically, you can use Form I-601A to file for a waiver if:

1. You are physically present in the United States.

2. You must be at least 17 years old when you file.

3. Have an immigrant visa case pending with the U.S. Department of State.

Application Process

To apply, submit Form I-601A, "Application for Provisional Unlawful Presence Waiver." This form is distinct from the standard Form I-601 used for other inadmissibility waivers.You can apply for a provisional unlawful presence waiver by submitting the form I-601A, Application for Provisional Presence Waiver. Ensure that you sign, complete, and file your application with the correct biometrics and application fees. Follow the I-601A instructions for application and visit the USCIS website for any revisions to the directions or mandatory fees.

Important Considerations

If you face other inadmissibility issues beyond unlawful presence, you may not qualify for this waiver.

1. Final admissibility is determined by the consular officer during your immigrant visa interview.

2. Given the complexity of immigration law, consulting with an experienced immigration attorney is highly recommended.

I-601A Processing time 2024

Form I-601A typically takes 42.5 months to be processed on average once it is submitted as 80% of the cases are completed within the aforementioned duration.

Note: When you are applying for this waiver, you need to make sure that you read the instructions for the section of the Form I-601A that pertains to your immigration status very carefully.

Maximize Your Chances

Ensure all eligibility criteria are met before applying

1. Provide comprehensive documentation to support your case

2. Be prepared for the consular interview process
   

By understanding the nuances of the provisional unlawful presence waiver, eligible individuals can navigate the complex immigration landscape more effectively, potentially reducing family separation and streamlining the path to lawful permanent residence.

Remember, while this waiver offers a valuable opportunity, each case is unique. For personalized advice tailored to your specific circumstances, always consult with a qualified immigration attorney, or seek guidance from our experts at melendezlegal.