Every day anyone overstays the amount of time they are authorized to remain in the United States, that person is considered to be “unlawfully present.” Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad.

Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa.

Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad.

Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives.

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent.

An individual seeking an unlawful presence waiver must provide evidence of an approved I-130 or I-360 petition. Someone who has been placed in deportation proceedings is also eligible to apply for the waiver so long as they meet the other eligibility requirements and their cases are administratively closed or terminated.

People with a final order of removal against them or maintain any other ground of inadmissibility is ineligible to apply.  Moreover, if there is any other ground (i.e. reason) of ineligibility other than unlawful presence, then the applicant is ineligible to apply.

Form I-601A will not be available until March 4, 2012.  The fee for Form I-601A is $585. However biometrics are required and there is an $85 associated with that.  Consequently the total filing fee for I-601A will be $670.

The Law Office of Susan N. Rosti, Esq. has the experience you need plus a proven track record in representing immigration, deportation and related legal cases. Attorney Rosti specializes in this area of law and understands that an individual needs a lawyer to explain their options clearly and assist them in achieving the best resolution possible. Call The Law Office of Susan N. Rosti, Esq. today at 973.883.5977 to schedule a consultation today if you are facing immigration and / or deportation issues and need representation.