This article will list the most frequently asked questions about the Form I-601A, the extent of removal and who can destroy. Get more information here from an immigration attorney.
What Is Form I-601A?
It is a form used by applicants who entered the country illegally and have immediate family members who are U.S. citizens or who have green cards, such as a parent or spouse. With this form, you can apply for a waiver of inadmissibility to avoid an entry ban of three to ten years.
You must submit a waiver application, Form I-601A, to U.S. Citizenship and Immigration Services (USCIS) before returning to your home country. If USCIS has approved your application, you may attend a green card appointment in your home country at a U.S. embassy or consulate. This form must be sent to USCIS along with the required supporting documentation.
I-601A processing times may vary depending on USCIS workload at the time of filing. A naturalization and citizenship attorney can provide you with more information about this waiver application and assist with the process.
Cost of an I-601A Immigration Waiver Application
There is a $630 filing fee in general. In addition, you must pay $85 for biometric services if you are under age 79. Money orders and personal or cashier’s checks can be used to cover the fee.
All checks should be made payable to the U.S. Department of Homeland Security.
The I-601A Steps
The steps to be followed when filing an I-601A waiver are as follows:
- Completing the form: Form I-601A must be completed in order to be considered for approval. you must provide your full name and alien registration number. Answer all questions honestly and completely, but if you do not have an answer, write N/A.
- Supporting Documentation: in addition to your application, you must submit supporting documentation, including proof of relationship, financial stability and more. If you do not submit the requested evidence or supporting documents, USCIS may reject or deny your application.
- Application Fee: Proof of payment of your application fee must be attached to your application.
- Interview: An interview may be required as part of the process. This is usually done at a U.S. embassy or consulate.
- Final Decision: A final decision will be made on your application. If approved, you may move forward with your green card application.
It is critical that you read and understand the I-601A instructions before filing an l-601 form; otherwise, you run the risk of making a mistake that could result in the denial of your application. An experienced visa attorney can help you prepare your application.
What Happens After an I-601A Waiver Application Is Approved?
The U.S. Embassy in your home country provided you with the necessary information once USCIS has accepted the waiver. The applicant will receive instructions on how to schedule a new interview at the embassy or consulate.
After receiving the I-601A approval notice from USCIS, the consulate generally sends the information to the applicant via DHL. In most cases, this occurs 1 or 2 days after USCIS approval. If the package has not arrived within 30 days, contact the consulate.
The applicant can then schedule the interview at the consulate online. Depending on your most recent consular interview, you may need to provide updated documents, such as a new medical exam, if your most recent interview was more than a year ago. In addition, the consulate will also likely request updated DS-260 forms, new biometrics, and I-864 supporting affidavits.
You should also bring your passport and other necessary documents to the interview. The consulate will keep the passport if the visa has been granted. They will deliver the passport with the visa and a stamped package called an “Immigrant Visa Package” shortly thereafter.
You can check the status of your Form I-601A application online by entering the USCIS receipt number in the “Case Status” area on the USCIS home page. A decision notice will be sent to the address you provided on your Form I-601A application when the National Security Council (NSC) makes a decision.
How Long Does It Take to Process an I-601A Waiver?
When an I-601A waiver application is filed within the United States, it will generally be processed in 4 to 6 months. When filed elsewhere, it will take 6 to 12 months from the date of receipt. After the DOS accepts the provisional unlawful presence waiver and the applicant submits the necessary documentation to process an immigrant visa, the Department of State estimates that the applicant’s immigrant visa interview will take 2 to 3 months.
A USCIS officer may expedite a case under certain conditions, for example, if a long wait may adversely affect the quality of life of the applicant or family members of U.S. citizens.
A financial freeze, COVID-19 limitations, staffing shortages, and other obstacles have caused USCIS to take a long time to process petitions and applications in 2022.
Frequently Asked Questions
Who Is Eligible to File an I-601A?
Not all immigrant visa categories can apply for inadmissibility. In other words, a person is eligible to apply for a provisional waiver only if he or she meets certain criteria.
An applicant must be, for example, physically present in the U.S., be at least 17 years old, or have an immigrant visa case pending with the U.S. Department of State. However, your case must be based on an approved immigrant visa petition that is, for example, family-based (Form I-130) or employment-based (Form I-140), for which the immigrant visa processing fee has been paid .
There is another possibility: you may be eligible if you are a Diversity Visa Program selectee and are in the process of obtaining your immigrant visa. In addition, if you are a child or spouse of a Diversity Visa Program selectee or a principal beneficiary of an approved immigrant visa petition, you are also eligible to apply for a waiver.
Who Is Not Eligible for a Provisional Unlawful Presence Waiver?
If certain conditions apply, a person would not be eligible for the I-601A provisional waiver application.
For example, a person in removal proceedings, those with a Form I-485 pending with USCIS, or simply those who do not meet the necessary requirements to file Form I-601A will not be eligible for an I-601A provisional waiver.
In addition, those who failed to establish that their U.S. citizen or lawful permanent resident spouse or qualifying relative would suffer extreme hardship if denied admission would also be ineligible.
Do You Have Legal Status to Live in the U.S. If Your I-601A Application Has Been Approved?
No. According to DHS, approval of a provisional unlawful presence waiver does not:
- Grant any lawful immigration status
- Extend any authorized period of stay
- Allow an alien to enter the country without a visa
- Protect aliens from deportation or law enforcement
- Granting other immigration benefits, such as advance parole and temporary work authorization
If an I-601A is approved, you have not obtained lawful status to live in the U.S. You will still need a visa to enter the nation. If you have been granted deferred action, you may qualify for advance parole. However, this does not guarantee that you will be able to return to the country if you decide to leave. If you are deported, you will not be able to return to the United States.
