Who is NOT Eligible for New Provisional Unlawful Presence Waiver process (I-601A)?

Who is NOT Eligible for New Provisional Unlawful Presence Waiver process (I-601A)?

This new waiver allows certain immediate relatives of the U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigration visa applications. The following person is NOT eligible:

• Is under the age of 17;
• Does not have a case pending with the Department of State, based on the approved immediate relative petition, and has not paid the immigrant visa processing fee;
• Has a prior interview scheduled by the Department of State for the US Consulate even if the interview has since been cancelled or rescheduled after January 3, 2013;
• Has a pending application with USCIS for lawful permanent resident status.
• USCIS has reason to believe that the alien may be subject to other grounds of inadmissibility other than unlawful presence;
• Is in removal proceedings, unless the removal proceedings are administratively closed and have not been recalendared at the time of filing the provisional waiver;
• Is subject to a final order of removal or a final order of exclusion or deportation
• Is subject to reinstatement of a prior removal order

If you have any questions regarding I-601 or I-601A Waiver Applications, feel free to reach our Law Firm at +1-212-245-70 70 or [email protected] email address.
Thank you.


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