Mar 04, 20 the checklist that comes along with form i 601a will help you to make sure that you have accurately completed your petition. I601a filings are made with uscis and generally take about 6 months to get a response. I601a provisional waiver help us immigration law advice. I824, application for action on an approved application or petition uscis. The i601a form itself likely will not be very difficult to complete and you may not need a lawyer just to fill in the form. How to fill out i601a provisional waiver for unlawful. Comments on the executive orders 12866563 analysis iv. To make use of the i601a waiver possibility, you must meet all of the following criteria. The written form requirement also applies to any waiver of this written form requirement. The united states citizenship and immigration services uscis announced that they will begin accepting a new form of the inadmissibility waiver form on march 4, 20.
Uscis requires i601a applicants to include proof that their immigrant visa fee has been paid. If you are in the united states and know that the only inadmissibility issue you have is due to an overstay then you can file an i 601a waiver and then process your immigrant visa at the embassy. But keep in mind that the most important part of your package is the evidence of extreme. Detailed statement in plain language by the qualifying u. If, for instance, uscis approves your i601a, the us consulate could deny your immigrant visa.
A guide to the new i601a stateside waiver of unlawful presence for immediate relatives of united states citizens. For more information about case processing times and reading your receipt notice, click here. Someone applying for a green card who has an approved i and is having a green card interview outside the u. You can file form i601a for a provisional unlawful presence waiver if you meet certain eligibility requirements. When you are preparing your i601a waiver package, make sure that you include the correct. Application for provisional unlawful presence waiver uscis. Page 1 of 9 application for provisional unlawful presence waiver department of homeland security u. Who can file form i601a, application for a provisional. A guide to the new i 601a stateside waiver of unlawful presence for immediate relatives of united states citizens.
If you need to file a form i 601, you should specify on this form i 601 every ground of inadmissibility for which you seek a waiver. I601a provisional waiver of inadmissibility immigration. If you are in the united states and know that the only inadmissibility issue you have is due to an overstay then you can file an i601a waiver and then process your immigrant visa at the embassy. Final thoughts on filling out form i 601a waiver i hope you found this step by step guide helpful in how to fill out the i 601a waiver. If, for instance, uscis approves your i 601a, the us consulate could deny your immigrant visa. Checklist of required initial evidence for form i485 for informational purposes only uscis. You are physically present in the united states at the time of submitting your form i601a.
Laura can now wait for uscis to make a decision on her waiver, and only leave the country for her appointment at the consulate once she knows that the. Msc or does not have a 3letter code at the beginning of the. If you are inadmissible to the united states and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or. As stated in the instructions of the form i601, the approval of a form i601 waives only those events and the resulting grounds of inadmissibility that are identified in the application. We will reject the form if these fields are missing. Was convicted of a crime or engaged in conduct that makes him or her inadmissible into the u. The i601a waiver provides a way for the immigrant to remain with hisher family in the united states while gaining legal residency. Individuals who have submitted the i601a waiver are permitted to reside with family while awaiting the decision. The i601a form is different than the form used for i601 waivers. The i 601a waiver provides a way for the immigrant to remain with hisher family in the united states while gaining legal residency. Each application, amendment, modification, or other request must contain only one main form pages 1 through 4 but themay contain as few or as many of the optional schedules as necessary. Family name mailing address date of birth dont forget to sign your form. Direct filing addresses for form i601, application for. I601a, application for provisional unlawful presence waiver.
The i 601a offers a provisional waiver, which means that the approval of your i 601a will only help you legalize your immigration status if you meet all other requirements. I601, application for waiver of grounds of inadmissibility. Removing the provisional waiver reason to believe standard as a basis. Filing form i601 together with form i485,application to register permanent residence or adjust status. An individual is not eligible for a stateside i 601a waiver if he or she. It is completely free, no obligation, no pressure, just answers. If you submit the wrong form, your package will not be approved and you could lose your application fee. Answer part 1, question 25, on whether you are currently in removal proceedings provide the uscis receipt number for an approved form i or i360 in. Filing form i601 and if your form i485 receipt number located on the i797c notice of action begins with.
Mar 01, 20 you can file form i601a for a provisional unlawful presence waiver if you meet certain eligibility requirements. After the approval of your petition, you will be notified by the nvc about the approval of your application for a provisional unlawful presence waiver. What is the difference between an i1601 and i601a waiver. Penalties if you knowingly and willfully misrepresent or conceal a material fact on your i 601 waiver, or submit a false document, uscis may deny your waiver as well as any other immigrant benefit. The checklist that comes along with form i601a will help you to make sure that you have accurately completed your petition. On january 2, 20, the united states department of homeland security announced that illegal immigrants who are immediate relatives of united states citizens spouse, child between 17 and 21, or parent of a child over 21 but are unable to apply for a green card from within in the. Expansion of i601a provisional unlawful presence waiver. Does your form 601 or 601a waiver deserve discretion.
Filling out form i601a to request a provisional waiver nolo. You must be eligible for an immigrant visa to the u. Based on patterns we have seen, uscis reminds filers to. Form fcc 601 is a multipart form comprising a main form and several optional schedules. At the same time, you need to remember that form i 601a cannot be filed along with any other uscis form. Citizen or legal permanent resident lpr relative detailing how heshe met the i601a beneficiary, describing their relationship and what hardship would the u. If you have been charged with careless driving, driving without a license, dui or traffic violation in new jersey, you probably have questions. Many translated example sentences containing form i 601a spanishenglish dictionary and search engine for spanish translations. In this sense, the i601a, therefore, offers only a provisional waiver. The written form requirement also applies to any waiver of this writtenform requirement. The i601a waiver can be submitted by an individual while in the u. I 601a filings are made with uscis and generally take about 6 months to get a response. But keep in mind that the most important part of your package is the evidence of extreme hardship that you include.
Applicants who paid online should print a receipt from ceac. Who is eligible to use i601a provisional waiver application process. The i601a offers a provisional waiver, which means that the approval of your i601a will only help you legalize your immigration status if you meet all other requirements. In this sense, the i 601a, therefore, offers only a provisional waiver. When you are preparing your i601a waiver package, make sure that you include the correct form for the type of waiver that you need. Uscis is developing a new form for the proposed provisional unlawful presence waiver process form i601a, application for provisional unlawful presence waiver. Select your form number and the office that is processing your case. An i601a waiver affects those immigrants who would, due to being unlawfully present in the u. At the same time, you need to remember that form i601a cannot be filed along with any other uscis form. Mar 17, 2014 an i 601a waiver affects those immigrants who would, due to being unlawfully present in the u.
This form reduces the time an applicant has to be outside the u. For more information, read expansion of i601a provisional unlawful presence waiver. Difference between i601 and i601a immigration direct. Who is eligible to file form i601a, application for a. Remember, this can be done yourself if you have a simple case of overstaying a visa or entering the us illegally but without any removal proceedings or. Citizenship and immigration services uscis form i 601a omb no. Were here to answer your questions and discuss your options. Applications for this hardship waiver are made on form i601a. Uscis has noticed that applicants frequently fail to complete certain items on the application. This address is only for generating iv fee receipts. Rating is available when the video has been rented. As stated in the instructions of the form i 601, the approval of a form i 601 waives only those events and the resulting grounds of inadmissibility that are identified in the application. Filing tips for form i601, application for waiver of grounds of inadmissibility. Form i601a is a special form designed to waive unlawful presence.
May 12, 2015 the i601a waiver can be submitted by an individual while in the u. Applications for this hardship waiver are made on form i 601a. In january of 20, uscis announced the i 601a provisional unlawful presence waiver, allowing the spouses and children of united states citizens to apply for the waiver within the united states. Final thoughts on filling out form i601a waiver i hope you found this step by step guide helpful in how to fill out the i601a waiver.
State of illinois department of employment security. If you want to receive an email andor text message that your form i 601a has been accepted at a uscis lockbox facility, complete form g1145, enotification of applicationpetition acceptance, and clip it to the first page of your application. If your answers to the below mentioned questions are yes, you can file form i601a and obtain a provisional unlawful waiver. Individuals who have submitted the i601 waiver must wait for the response while being present outside of the u. If you need to file a form i601, you should specify on this form i601 every ground of inadmissibility for which you seek a waiver. An individual is not eligible for a stateside i601a waiver if he or she. You need to follow all the form instructions, in order to prevent your waiver petition from being rejected. Form i 601a is a special form designed to waive unlawful presence. If you want to receive an email andor text message that your form i601a has been accepted at a uscis lockbox facility, complete form g1145, enotification of applicationpetition acceptance, and clip it to the first page of your application. Penalties if you knowingly and willfully misrepresent or conceal a material fact on your i601 waiver, or submit a false document, uscis may deny your waiver as. Remember, this can be done yourself if you have a simple case of overstaying a visa or entering the us illegally but without any removal proceedings or deportation orders on your record.
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