The Law Office of Natalia Malyshkina                          


San Francisco Office: 351 California Street, Suite 300, San Francisco, CA 94111                     

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Finally! I-601A Provisional Unlawful Presence Waiver

Did you come to the USA illegally or without a visa?


Are you married to a US Citizen or have US citizen parents?


New immigration law can FINALLY help you get a green card!


I-601A Provisional Unlawful Presence Waiver:


On March 4, 2013 a new law came into effect that is expected to help obtain immigrant visas to become lawful permanent residents of the United States.


What You Need to Know


The new provisional unlawful presence waiver process does not change the immigrant visa process. Even if your provisional unlawful presence waiver is approved, you are still required to depart the United States for your immigrant visa interview with a U.S. consular officer abroad.


If a provisional unlawful presence waiver is approved, it will only take effect after:


You depart the United States and appear for your immigrant visa interview, and


A DOS consular officer determines that you are otherwise admissible to the United States and eligible to receive an immigrant visa.   NOTE: Do not depart until the National Visa Center (NVC) notifies you of your scheduled immigrant visa interview date and time at the designated U.S. Embassy or Consulate.


DOS may cancel your immigrant visa application process if you fail to appear at your interview.


If you are in removal proceedings, you are ineligible for a provisional unlawful presence waiver unless, at the time you file your Form I-601A, your proceedings are administratively closed and have not been put back on the Department of Justice, Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings.


While USCIS does not envision placing I-601A applicants in removal proceedings, USCIS will follow current Department of Homeland Security (DHS) and USCIS Notice to Appear (NTA) guidance governing initiation of removal proceedings. For more information on USCIS NTA priorities.


Eligibility Requirements


To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:


Be 17 years of age or older.


Be an immediate relative of a U.S. citizen (not a preference category immigrant who has a visa available). An immediate relative is an individual who is the spouse, child or parent of a U.S. citizen.


Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.


Have a pending immigrant visa case with DOS for the approved immediate relative petition and have paid the DOS immigrant visa processing fee.


Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.


Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.


Not have been scheduled for an immigrant visa interview by DOS before January 3, 2013.


Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.


You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:


DOS initially acted before January 3, 2013, to schedule your Immigrant Visa (IV) interview for the approved immediate relative petition upon which your provisional unlawful presence waiver application is based, even if your immigrant visa interview has been canceled, you failed to appear for the interview, or your interview was rescheduled on or after Jan. 3, 2013.


At the time of filing, you are in removal proceedings that have been administratively closed but have been placed back on the EOIR calendar to continue your removal proceedings.


You are inadmissible for other reasons.


How to Apply: Call out office for a consultation and help with this process!