Provisional Unlawful Presence Waivers - An Improved Process
for Visa Processing of the Immediate Relatives of US Citizens

Many people who are married to United States citizen and who could qualify to receive a green card based on that marriage are reluctant to file because they believe that they will have to leave the United States for a long time to complete their green card processing. This was true until last year. Now, the provisional unlawful presence waiver process allows people, who only need a waiver for unlawful presence, to apply for the waiver in the United States and receive a decision on the waiver before leaving the U.S. for an interview outside the country. The new process shortens dramatically the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

Immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa/green card approval. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility in order to qualify for a green card and return to the United States.

You may be eligible to apply for your green card using the 601A process if:

1. You are 17 years of age or older.
2. You are an immediate relative of a U.S. citizen (spouse, child (unmarried and under 21), or parent of a U.S. citizen.
3. You can demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.
4. Be physically present in the United States to file your application for a provisional waiver and provide biometrics.
5. You have not committed fraud or certain crimes that make you inadmissible.

We have obtained approvals of dozens of 601A waivers. As a rule, our clients have been absent from the United States for a period of less than one month to attend their interview and receive their visa/ green card approval.

Please call the office at 860-761-3400 to arrange a meeting to discuss this option.