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i601(a) Waiver Lawyer in New Jersey

Provisional Waivers and Immigration Assistance

In early January 2013 and again in August 2016, the USCIS (United States Citizenship and Immigration Services) made a change to the provisional waiver program. The waiver is a type of pardon that is available for those who are subject to the three (3) and ten (10) year bars and are otherwise eligible to adjust their status and receive a green card as they are holding an approved I-130 family members petition.

Typically, an individual who is out of status for more than six (6) months will have issues reentering the US. The waiver is a pardon that allows an individual to apply for a pardon of their illegal presence using form I-601(a) prior to departing the U.S.This would remove a big obstacle to legal reentry.

Learn more about your legal options with The Law Offices of Lloyd E. Bennett, Esq., P.C. Contact our firm today for more information!

Who is eligible for an I-601 Waiver?

Applicants who are eligible to apply with a form I-601A will likely spend only a few days to a few weeks abroad instead of many months while the application is processed.

Eligibility for the program is limited to people that meet specific criteria:

  • Present for Application Submission & Status Adjustment Interview: The person applying for the waiver is present in the USA at the time the application is submitted and will remain present in the US at least until the interview is scheduled by consular staff to adjust status.
  • Favorable History: Unlawful presence in the country is the only ground of inadmissibility that the waiver is designed to pardon. If there is some other unfavorable history the waiver may be denied.
  • Beneficiary of an Approved I-130: The applicant must be the beneficiary of an approved I-130 filed by a family member (such as a husband, wife, parent or child over 21 or sibling) who is a US Citizen or Lawful Permanent Resident. The qualifying relative is also required to demonstrate "extreme hardship" to qualify for the waiver.
  • Beneficiary of an Approved I-140: The applicant must be the beneficiary of an approved I-140 petition filed by an employer.
  • No Final Order of Deportation Present: In addition, the applicant must not have a final order of deportation. One may apply for the waiver if deportation proceedings are still open or the proceedings have already been terminated or administratively closed.

After the waiver has been approved, the person then proceeds with the standard immigrant visa process, including the necessary action of attending the immigrant visa interview, and is then issued the visa. This new program will all but eliminate the problems related to family separation and the subsequent lost income for the vast majority of people applying for a waiver through this process

If you or a family member has questions regarding this new process please contact the New Jersey Immigration Lawyer at our office to schedule an appointment. Contact our firm for more information on the new ruling and the I-I-601 (a) application process.