An Experienced Attorney Helping Immigrant Families Secure Provisional Waivers

With recent changes to the process of securing a provisional waiver, individuals who have resided in the United States illegally for more than six months or those who may have admissibility issues have new incentive to pursue a provisional waiver, a green card and take other necessary steps toward becoming a citizen or legal resident.

Changes To The I-601 Provisional Waivers

At the law office of Donald H. London Esq., we help clients understand the updated processes associated with the I-601 and I-601A provisional waivers and how to apply. Prior to 2013, an individual who had illegally spent more than 180 days in the U.S. was required to file an I-601 waiver to adjust status after returning to his or her country of origin. Once the waiver was granted, the individual could return to the U.S. and pursue a green card.

With the I-601A, an individual can apply for a waiver prior to leaving the U.S., thus shortening the period of time he or she must spend outside the U.S. awaiting approval from six to 12 months to a few weeks. The requirements for applying for and receiving an I-601A waiver are the same as those for the original I-601. In the application, the immigrant will demonstrate that his or her absence will cause extreme hardship to a U.S. citizen who is the immigrant's spouse, child (unmarried and under 21) or parent.

It is important to note that this waiver is only applicable in overstay situations, not if an individual committed a crime or otherwise faces deportation.

The list below outlines the key information related to provisional waivers:

  • To qualify, an applicant must be able to demonstrate that his or her absence will cause extreme hardship to a spouse, child (unmarried and under 21) or parent who is a U.S. citizen. This does not mean that the separation will cause hardship to the applicant, just the U.S. citizen.
  • Those with criminal convictions or standing deportation orders will not qualify for a I601A provisional waiver.
  • To qualify, an applicant must be an immediate family member of a U.S. citizen (spouse, parent or child).
  • A provisional waiver does not provide any legal status in the United States.

At the law office of Donald H. London Esq., our immigration lawyer will provide you and your family with clear, honest counsel and representation when pursuing a provisional waiver. We can help you understand your options and navigate the technical aspects of demonstrating hardship.

Representing Families In New York And The Tri-State Area With Admissibility Issues Pursue A Provisional Waiver And Legal Status

We encourage you to reach out to us, schedule a consultation at our Yonkers, New York, law office, and learn more about our immigration services. With more than 20 years of experience, we are confident that our attorney can help you and your family.

Call 914-965-7230 or complete our online contact form to schedule your consultation today.