Securing Your I-601a Application for Provisional Unlawful Presence Waiver

American flag On March 4, 2013, the USCIS started accepting I-601A, Applications for Provisional Unlawful Presence Waivers from immigrant visa applicants who are immediate relatives of U.S. citizens, including children, spouses and parents.

Foreigners who are ineligible to adjust their status in the United States must exit the country and obtain an immigrant visa interview.  Immigrants who have accrued over 180 days of unlawful presence while in the U.S. must obtain a Waiver of Inadmissibility to overcome their unlawful presence, which is banned under section 212(a)(9)(B) of the Immigration and Nationality Act, before they are able to re-enter.  Usually, these foreign nationals cannot apply for permanent residency because they have attended an immigrant visa interview overseas, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States.

An Approval Does Not Guarantee Immigration Status

The approval of a waiver does not grant eligibility for an adjustment of status.  And a  waiver approval does not guarantee immigration status, since if you are found to be inadmissible on other grounds, you will be unable to receive any government benefits or protection.

Also keep in mind that having a provisional Unlawful Presence Waiver process does not change immigrant visa processing.   Applicants with a waiver approval must continue with the immigrant visa process so they can leave the U.S. for an interview at the designated U.S. Embassy in their home country.

Providing the National Visa Center IV Fee Receipt

Many foreigners get confused with the I-601A instructions, which request that an IV Fee Receipt be included when submitting an Application for Provisional Unlawful Presence Waiver.

Those with an approved Form I-130, Petition for Alien Relative must pay the requested immigrant visa processing fee to the Department of State prior to submitting Form I-601A.  This receipt is proof that the applicant has already paid for the immigrant visa processing fee.

Obtaining an immigrant visa processing fee receipt can be done several ways.  You can either print a copy of the IV Fee Receipt immediately after making a payment online, visit the NVC payment page, or contact the National Visa Center and request that they email you a copy if you paid via regular mail.

Having a Criminal Background Can Lead to a Denial

Previously, the USCIS denied several I-601A applications because the applicants had a criminal history.  Another thing that may result in a denial is providing false or misleading information simply to obtain an immigrant visa or evade the U.S. immigration laws.  This is a serious crime that is punishable to the fullest extent of the law.

Talk to Your Nearest Immigration Attorney

Criminal history or not, it is in your best interest to speak with an immigration attorney.  A seasoned attorney who studies and knows the U.S. immigration laws will be able to provide you with the information you need for a I-601A Application for Unlawful Presence Waiver. Contact The Gambacorta Law Office today at 847-443-9303 for an appointment at any of our locations in Arizona, Illinois or Texas.