Making The Provisional Unlawful Presence Waiver Process Work For You

Last updated on October 9, 2023

Many people who are married to a U.S. citizen and thus qualify to receive a green card are reluctant to file because they believe they will have to leave the U.S. for a long time to complete their green card processing. This was true at one time, but no longer is the case.

Now, the provisional unlawful presence waiver process allows people who only need a waiver for unlawful presence to apply for the waiver in the U.S. and receive a decision on the waiver before leaving the country for an interview. The new process significantly shortens the time that U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the U.S.

We Can Help You Understand Your Rights And The Process

Immediate relatives of U.S. citizens who are not eligible to adjust status in the U.S. 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 U.S. 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. You are physically present in the U.S. 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.

Solutions Start With A Consultation

We can review your situation and help you determine if you are able to make the Provisional Unlawful Presence Waiver work in your favor. Call 860-783-1806 or reach us online to schedule a meeting.