Provisional Unlawful Presence Waiver

Provisional Unlawful Presence WaiverPresident Obama has expanded access to the Family Based Extreme Hardship Waiver or Provisional Unlawful Presence Waiver to ALL statutorily eligible classes of relatives for whom an Immigrant Visa Is Immediately Available.

Statutorily eligible classes of relatives have been expanded to include Spouse, Son, or Daughter of U.S. Citizen or Permanent Residents.

Individuals, who have been in the United States unlawfully for more than six months and later depart, are, upon their departure, barred by law from returning for 3 or 10 years…


What is a Provisional Unlawful Presence Waiver?

The provisional waiver or I-601A extreme hardship waiver provides eligible individuals assurance that they would be able to return to the United States after a successful consular interview without being subjected to lengthy overseas waits while their application is being processed.


Eligibility for Provisional Unlawful Presence Waiver

Applicants for a provisional unlawful presence waiver must meet the following conditions:

  1. Be 17 years of age or older.
  2. Be an immediate relative of a U.S. citizen.
  3. Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
  4. Have a pending immigrant visa case with Department of State (DOS) for the approved immediate relative petition and have paid the DOS immigrant visa processing fee.
  5. 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.
  6. Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
  7. Not have been scheduled for an immigrant visa interview by DOS before January 3, 2013.


Extreme Hardship

Members of this eligible class may seek a waiver of the 3-and I0-year bars if they can demonstrate that absence from the United States as a result of the bar imposes an “extreme hardship” to a U.S. citizen or lawful permanent spouse or parent.

Extreme hardship may include relevant medical and mental health conditions, financial hardships, and educational hardships.

Applicants who are able to successfully demonstrate their departure or absence from the United States would cause “extreme hardship” to a spouse or parent who is a U.S. citizen or lawful permanent resident will be granted a provisional waiver.

Be advised, in order to overcome and prevail a request for a Provisional Unlawful Presence Waiver, Applicants must submit irrefutable evidence, documentation or proof of extreme hardship if barred from reentry in the United States.


To Summarize

The Provisional Unlawful Presence Waiver program ensures re-entry into the United States for applicants barred by the 3 and 10 year statutory bar due to unlawful presence in the U.S.

For assistance with your I-601A Provisional Unlawful Presence Waiver – Send us an email or call toll free (866) 941-2229 to schedule a consultation.

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Written by Yolette M. Saintiny, Esq.

Immigration, Real Estate & Family Lawyer Yolette M. Saintiny, Esq., is a member in good standing of the New York state bar, second judicial department since 1995.
Yolette, a zealous attorney and serial entrepreneur has cumulative legal experience in both the for-profit and not-for-profit sectors where she has dedicated her legal knowledge to assisting immigrants in receiving Benefits under current immigration laws; along with seeking legal redress for victims of abuse.
For Legal Services Contact attorney Yolette M. Saintiny in Brooklyn & Manhattan at (800) 691-2949; (347) 955-1515 or direct your written inquiries via email.


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