New Immigration Process: Provisional Unlawful Presence Waiver

As of March 4th, 2013, U.S. Citizenship and Immigration Services will have a new immigration process going into effect. This new process will allow certain, qualified applicants to apply for a provisional unlawful presence waiver using form I-601A (instead of I-601), prior to departing from the United States in order to attend their immigrant visa interview in their home country. One of the primary purposes of this waiver is to help shorten the length of time an applicant is separated from their family and loved ones while obtaining their immigrant visa and returning to the U.S. as a lawful permanent resident. While the waiver itself will not give the applicant a legal right to remain in the U.S., or any legal protection from removal proceedings, applicants who are eligible to obtain a provisional unlawful presence waiver could find themselves spending only a few days or weeks abroad rather than many months.

You may be eligible to apply for a provisional unlawful presence waiver if:

  • You remain in the U.S. at least until fingerprints, photograph, etc. are completed
  • You are at least 17 years old at the time that the application is filed
  • You have an immediate relative that is a U.S. citizen
  • You are the beneficiary of an immigrant visa petition that has already been approved
  • You have a visa case that is pending with the Department of State
  • You have paid the processing fees required for the immigrant visa
  • You meet any other requirements in the Form I-601A

If you or a loved one wants more information on the provisional unlawful presence waiver, or you want to determine whether or not you qualify to apply for the waiver, we advise you contact The Law Offices of Lloyd E. Bennett, Esq., P.C. as soon as possible and speak with one of our skilled immigration lawyers. When you contact our firm, we will not only be able to help you determine your qualifications to apply for the provisional unlawful presence waiver, but we will be able to help you with your application and guide you through the entire immigration process. Attorney Lloyd Bennett has helped thousands of people obtain their visas and, with this new immigration process, is looking forward to helping you obtain yours without having to endure an extraordinarily long period of time away from your family or your job.

Contact a New Jersey immigration attorney at our firm today so that we can review your current situation, answer any questions you may have, and determine your eligibility for this new program.