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Explanation of the I-601A Provisional Waiver Rule
Explanation of the Provisional Waiver Rule for the Unlawful Presence Bar
By Ari Sauer, immigration lawyer with the Memphis, Tennessee office of the Siskind Susser immigration law firm.
USCIS will be publishing the final rule tomorrow January 3, 2013 for the I-601A Provisional Unlawful Presence Waiver
Mother. Public Domain. Credit: Lisa Runnels http://tinyurl.com/benqy9v
of Inadmissibility for Certain Immediate Relatives, but they made an advance copy of the rules available today. Below is my explanation of the rule based upon a combination of a reading of the rules and comments made by USCIS on a telephone conference today.
Why did we need a Provisional Waiver rule?
Certain individuals are ineligible for an immigrant visa because they are inadmissible under INA section 212(a)(9)(B) for 3 or 10 years because they were Unlawfully Present in the US for more than 6 months, or they would be subject to this bar if they were to leave the US.
A waiver of this inadmissibility is available for those who can show that if they are not granted the waiver, their US citizen or permanent resident (green card holder) spouse or parent would suffer Extreme Hardship. Under the regular process for the I-601 Unlawful Presence Hardship Waiver for an applicant for an immigrant visa at the US consulate abroad, the foreign national must first apply for the immigrant visa at the US consulate, wait for the consulate to deny the visa because of their 3 or 10 year bar, and then they can apply for the I-601 hardship waiver. Under the regular process, the foreign national must then remain outside of the US while waiting for USCIS to decide the waiver, which can take as long as a year. If the waiver is denied, then the foreign national is stuck outside the US until they have waited the required 3 or 10 years.
USCIS has determined that it is unfair to require Immediate Relatives of US citizens to wait outside the US for the long period it takes for them to adjudicate the waiver. They have therefore created the I-601A Provisional Waiver process, which allows certain Immediate Relatives of US citizens to apply for the waiver while they are in the US and wait here while USCIS decides the waiver application, and then leave the US for their visa interview after the waiver has been approved. This significantly shortens the length of time that these Immediate Relatives of US citizens must remain separated from their family.
When does the Provisional Waiver rule go into effect?
The rule will go into effect on March 4, 2013, which is 60 days after the rule is published by USCIS on January 3, 2013. Anyone who files an I-601A Provisional Waiver application before March 4, 2013 will have their application rejected.
Am I required to hire an attorney to apply for an I-601A Provisional Waiver?
No. It is not required that an attorney be hired to prepare the waiver application, but it is highly recommended. The standard for this waiver, Extreme Hardship to a US citizen parent or spouse if the waiver is not granted, is very high. It is more than just the usual hardship one would suffer if separated from their spouse or parent. An immigration lawyer who is experienced in filing hardship waivers knows what USCIS is looking to see when determining whether would be Extreme Hardship, and so working with an attorney to prepare the application will result in a much stronger application.
At the very least, one should consult with an immigration lawyer before beginning the process to determine if there are other grounds of inadmissibility that might result in the foreign national becoming stranded abroad when they go for their visa interview.
Finding the right immigration lawyer.
Who is eligible to apply for the I-601A Provisional Waiver?
To be eligible for the Provisional Waiver the foreign national must:
- Have an approved I-130 immigrant petition filed by their US citizen spouse or US citizen parent under the Immediate Relative category or have an approved I-360 VAWA petition as an Immediate Relative.
- Must be physically present in the United States when the I-601A application is filed and when they are fingerprinted for the application.
- Must not be subject to any other ground of inadmissibility.
- Have a pending Department of State (DOS) case with the National Visa Center and have paid the visa application fees.
- Must not have been scheduled for a visa interview appointment at the US consulate before January 3, 2013.
- Must be able to show Extreme Hardship to their US citizen parent or spouse.
Can I apply for the I-601A waiver if I am filing an I-485 Application for Adjustment of Status?
No. A foreign national who is in the US and is eligible to apply for an I-485 Application for Adjustment of Status would not apply for an I-601A waiver. If they require a waiver of the 212(a)(9)(B) Unlawful Presence bar, they would file an I-601 waiver application. The I-601A Provisional Waiver application is only for those who are currently in the US, but will be required to apply for an immigrant visa at the consular post abroad because they are not eligible to apply for an I-485 Application for Adjustment of Status.
If I am outside the US can I apply for the I-601A waiver?
No. A foreign national must be physically present in the US at the time they file their I-601A application and at the time they have they biometrics (fingerprinting) appointment for the application. If someone is currently outside the US and comes into the US without inspection then they might make themselves permanently barred from eligibility for a visa. A foreign national who is outside the US must apply under the regular I-601 process.
I am Unlawfully Present, but I also have a bar because of some criminal convictions. Can I apply for the I-601A Waiver?
No. The I-601 Provisional Waiver is only available where the only ground of inadmissibility the foreign national has is the Unlawful Presence 3 or 10 year bar under 212(a)(9)(B). If the foreign national requires a waiver for any other reason (such as a deportation order, certain criminal convictions, health-related grounds, fraud or misrepresentation, or as a smuggler) then they are not eligible to apply for the I-601A waiver and must instead apply under the regular I-601 process.
I have been told I must stay outside the US for at least 10 years before I can apply for the I-601 waiver. Does this new rule change that?
No. The new Provisional Waiver rule does apply to those who are subject to the permanent bar under INA Section 212(a)(9)(C) for those who have entered the US without inspection after having accrued more than a year of Unlawful Presence or having been Removed from the US. Those subject to the 212(a)(9)(C) permanent bar must remain outside the US for at least 10 years before they can apply for the waiver under the regular I-601 process.
If my I-601A provisional waiver application is approved, will I be able to apply for status in the US without leaving or for work authorization?
No. The I-601A provisional waiver will not allow someone to apply for status without leaving the US and approval of the I-601A provisional waiver does not allow the person to apply for work authorization, a driver’s license or a social security card.
I am in removal proceedings before an Immigration Judge, can I apply for the I-601A Provisional Waiver?
In order for a foreign national who is in removal (deportation) proceedings to be able to apply for the I-601A provisional waiver, they must first have their Immigration Court case terminated or administratively closed, or must have ICE cancel their Notice to Appear, before they are eligible to file an application for the I-601A provisional waiver. It is important to note that someone who has had their Immigration Court case administratively closed will be subject to a deportation order if they leave the US without first having their case terminated, even if their I-601A provisional waiver is granted.
I have been given a deportation order from the Immigration Court, but I never left the US. Can I apply for the I-601A Provisional Waiver?
Someone with an outstanding deportation order or removal order is not eligible to apply for the I-601A provisional waiver. In order to be eligible to apply, they would first need to have to the Immigration Court reopen their removal or deportation order and then administratively close or terminate their case. The same is true for someone who was granted Voluntary Departure, but did not leave the US under the grant of Voluntary Departure.
If I have been granted DACA Deferred Action, can I apply for an I-601A Provisional Waiver?
Those granted Deferred Action under the Deferred Action for Childhood Arrivals (DACA) are eligible to apply for an I-601A provisional waiver as long as they meet all the requirements for the program. Therefore, for example, a DACA beneficiary who has an outstanding order of removal would not be eligible to apply for the I-601A provisional waiver without first having their order reopened by the Immigration Court and administratively closed or terminated.
What petitions count as an Immediate Relative petition?
An Immediate Relative petition includes an I-130 filed by a US citizen spouse; a US citizen parents (as long as the petition is filed before the child’s 21st birthday and as long as the child remains unmarried); or a US citizen child over the age of 21. An Immediate Relative petition would also include an I-360 petition filed under the Violence Against Women’s Act (VAWA) based upon the foreign national’s relationship to an Immediate Relative.
However, children are not qualifying relatives when it comes to showing Extreme Hardship for a waiver of the 212(a)(9)(b) Unlawful Presence bar. So if someone is the beneficiary of an I-130 filed by their US citizen child, they must still have a US citizen spouse or parent who would suffer Extreme Hardship in order to qualify to file the I-601A provisional waiver.
I have an approved I-130 petition, but it is not in the Immediate Relative category. Will I be able to apply for the I-601A Provisional Waiver?
Not right now. But USCIS has stated that they may expand the program to other petition categories if the program works well.
I have an approved I-130 immigrant petition as an Immediate Relative from my US citizen spouse, but the Extreme Hardship would be to my elderly Permanent Resident parents. Will Extreme Hardship to them be considered in my I-601A Provisional Waiver application?
Not right now. Currently USCIS has said that they will only be considering Extreme Hardship to the US citizen spouses or parents for the I-601A provisional waiver. This is different from the standard for the regular I-601 hardship waiver, which takes into consideration Extreme Hardship to Permanent Resident spouses and parents as well as US citizen spouses and parents. While USCIS will not currently consider hardship to Permanent Resident spouses and parents, they have said they may consider changing this policy in the future after seeing how the new program works.
If my I-601A application is denied, will I be able to file again?
Yes, especially where the foreign national’s circumstances have changed or where they have been the victim of non-lawyers who are not authorized to practice law. But USCIS will expect an applicant who is applying a second time to provide additional evidence of Extreme Hardship or changed circumstances with the second application, above and beyond what was provided in the denied application. So it is best to submit a strong application the first time you apply, as it may be more difficult to get an approval the second time.
While it is not required to have your application prepared by an immigration lawyer, it is recommended, as an experienced immigration lawyer knows what USCIS is looking for when deciding whether Extreme Hardship exists and will be able to help you put together a stronger application.
If my I-601A provisional waiver application is denied, would I still be eligible to apply for an I-601 hardship waiver under regular processing?
Yes, in many cases. If a foreign national’s I-601A provisional waiver application is denied, the foreign national may still be eligible to apply for an I-601 waiver under the regular processing. For example, if the I-601A was denied because the foreign national has another waivable ground of inadmissibility other than the 212(a)(9)(B) unlawful presence bar, they would still be eligible to apply for an I-601, along with whatever other waiver may be required, after being denied at the visa interview at the consular post abroad. Additionally, if the I-601A was denied because there was not a sufficient showing of hardship to the US citizen qualifying relative, but the foreign national also has a Permanent Resident qualifying relative that would suffer extreme hardship, the foreign national might want to apply under the I-601 waiver regular processing, which would allow USCIS to take into consideration the hardship to the permanent resident spouse or parent along with the hardship of the US citizen’s hardship.
If my I-601A provisional waiver application is denied, will immigration try to deport me?
USCIS will continue to follow their current standard in deciding whether to issue a Notice to Appear to start deportation proceedings against someone whose I-601A provisional waiver application is denied. This means that immigration is not any more likely to try and deport someone whose I-601A is denied than someone who has been denied for any other immigration benefit. Most applicants will not be at risk for this. However if someone lies on their application or submits fake documents, they are likely to be put in deportation proceedings. Also, those with certain criminal convictions may be subject to deportation proceedings. For more information on the standards USCIS will use to determine who will be at risk of being put in deportation proceedings if their application is denied, go to www.uscis.gov/NTA.
How long will it take for USCIS to decide my I-601A Provisional Waiver application?
Right now USCIS does not have a timeline for how long they expect to take to decide I-601 applications. They expect to know more after March 4, 2013 when they can see how many applications they receive.
I have filed an I-601 hardship waiver and am waiting on USCIS to approve it. Will this new rule make it take longer for USCIS to decide my application?
USCIS has said that the new I-601A filings will not delay the adjudication of currently pending I-601 waiver applications. There has been no work yet on whether the I-601A program will cause it to take longer for USCIS to decide future I-601 hardship waiver applications under the regular process.
I have already applied for my immigrant visa and have been scheduled for an interview, but I haven’t left the US yet. Can I apply for an I-601A Provisional Waiver?
If the foreign national’s immigrant visa interview at the consulate was scheduled by the consulate before January 3, 2013, even if the interview was scheduled for a date after January 3, 2013, then the foreign national is not eligible to apply for an I-601 provisional waiver. This is true even if they did not show up for the interview, cancelled the interview or rescheduled the interview.
However, if someone did have an interview that was scheduled by the consulate before January 3, 2013, but they are now applying for a visa based upon an I-130 Immediate Relative petition filed by a different relative then they may be eligible to apply for the I-601 Provisional Waiver. For example, if their current immigrant visa interview is based upon a petition filed by the US citizen parent, but they now have an approved I-130 filed by their US citizen spouse, they would be eligible to apply for the I-601A provisional waiver.
Also, if the DOS terminates the foreign national’s immigrant visa registration associated with the scheduled interview, which can sometimes occur when the foreign national goes more than a year without contacting the National Visa Center or the consulate processing their case, then the foreign national would then be eligible to apply for an I-601A Provisional Waiver based upon a newly filed and approved Immediate Relative I-130 immigrant petition, even if the new I-130 petition is filed by the same Immediate Relative.
If my I-601A Provisional Waiver application is approved, does that guarantee that I will be granted my immigrant visa at the consulate?
No. The approval of the I-601A provisional waiver of the 3 or 10 year unlawful presence bar for not guarantee that the consular officer will find the foreign national eligible for the immigrant visa. The foreign national must still show the consular officer that they are otherwise eligible for the immigrant visa. If the consular officer determines that the foreign national is inadmissible under a ground of inadmissibility other than the 3 or 10 year bar under 212(a)(9)(B), they will deny the visa. It may be that the foreign national would be eligible to apply for a waiver of inadmissibility for this additional bar, but this would require the filing and approval of a new waiver application. Furthermore, the consular officer can request that USCIS review the provisional waiver approval if the officer becomes aware of new factors which reflect on whether Extreme Hardship to a qualifying relative continues to exist.
If you would like to discuss your particular case with me or you would like my assistance with your waiver application, you can schedule a consultation appointment with me by calling 1-800-343-4890 or 901-682-6455.
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Submit questions to The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com or by posting your question on Facebook, Twitter or LinkedIn. Questions submitted by email will be posted without the personal information unless specifically requested. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
157 Comments on “Explanation of the I-601A Provisional Waiver Rule”
I welcome your comments or questions!
Ari Sauer
Ari Sauer is an immigration law attorney with the Memphis office of the Siskind Susser law firm. Ari answers questions on US immigration law submitted by readers. Email Ari Sauer to submit a question. immigrationanswerman@gmail.com
Hello,
I read a comment earlier On your page talking about DACA. I was approved for DACA I now have my work permit and all. Now My husband peticioned me and we are on te last stage waiting for a reply for the interview, we are of course going to apply for the I-160A waiver since my parents brought me when I was 12 years old and we came with out an inspection. I am now 24 and we do not have children. But indeed my husband has a rare condition and he needs my support. My question is will my DACA approval will help at all with the waiver and at the time I’m interviewed in Mexico?
Not necessarily, but it certainly doesn’t hurt. You might want to talk to an immigration lawyer about the possibility of obtaining an advance parole travel document based on your DACA and how this might be able to help you to apply for a green card here in the US without needing a waiver. I say “might” because this is something that is more complicated than I am comfortable explaining on this blog, because each case is different.
I just recieved a letter sayn my husbands l-601 has been approved for the waiver of grounds.. does this mean ge will be able to come back
If the grounds of inadmissibility that were keeping him from being eligible for the visa have been waived then the consulate should now be able to issue him the visa.
My husband was denied for 10 years because he came inlligaly to the usa and went back and came back to usa can I apply for a waiver for him does not have a criminal record
Antonia:
Here is a link to the post on my blog where I have previously discussed this issue.
http://immigrationanswerman.com/2012/09/10/my-husband-was-denied-a-visa-and-told-he-has-to-stay-in-mexico-for-10-years-before-he-can-reapply-can-we-do-anything/
Ari Sauer
Hi, my name is Oliver and I am a us citizen. My wife crossed the border in the desert for the first time and got detained by a border patrol, she got send back to Mexico the same day. Is this voluntary departure? The next day she crossed again and she made it. We send her fingerprints to the FBI to check her record. It all came clean. In the records it did NOT show when she got detained back in 2007. Can she apply for the 601A waiver.
Oliver:
It is not a Voluntary Departure. A Voluntary Departure is a form of relief that can be granted by an Immigration Judge. It could possibly have been a stipulated removal or an expedited removal, each of which means that she was ordered deported. Or it could have been that they sent her back without any formal determination. In theory an expedited removal or stipulated removal order should come up in an FBI check and/or a Freedom of Information Act request to the CBP and EOIR. But that is not 100% true. The only 100% sure way to know is to have ICE fingerprint the person and run their prints, which is not an option unless the person gets picked up by ICE, in which case they have issues whether they have a prior removal order or not.
Since the FBI check came up clear, it is likely, but not guaranteed, that when they were sent back it was not an expedited removal or stipulated removal. So she is probably not barred from the I-601A because of it. However, that is assuming she had not been in the US without status for a year before her last entry without a visa into the US. It is also a good idea for her to consult with an immigration attorney to make sure that there are not other grounds of inadmissibility that might result in her being ineligible for the I-601A waiver or the immigrant visa.
Ari Sauer
You can call 901-507-4270 to schedule a consultation appointment with me to discuss this further or if you would like my assistance with the waiver or visa process.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
My Fiance (US Citizen) Petitioned for her father (I-130) and has now been doe to the embassy interview in his country however, the issue is that 17 years ago he attempted to enter the US under someone else’s name and docs, had completely forgot about all of that and the name came up during the interview. He didn’t recall the name at the time and hadn’t disclosed anything about it. What can possibly happen now????
They could deny his visa because of his misrepresentation. Under the current laws a US citizen daughter is not a qualifying relative that would allow someone to apply for a waiver of the inadmissibility resulting from lying to gain entry into the US. A US citizen or US permanent resident spouse or parent is required under the current law. If the petitioner is also sponsoring their mother (the father’s wife) then there might be an option to apply for a visa after the mother comes to the US as a permanent resident. But they would still need to show extreme hardship to the wife if the visa was not issued.
Some potential good news is that the current version of the Senate immigration bill would allow for the waiver to be applied for based on hardship to the US citizen daughter. But we are just in the initial stages of that process. So we still don’t know if an immigration law will be passed by Congress this year and, if so, whether it will contain this change. I recommend that you contact all your US citizen friends and have them call their Senators and Congressmen and ask them to support the immigration reform bill.
You can call 901-507-4270 to schedule a consultation appointment with me to discuss this further or if you would like my assistance with the visa process.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hello! I have two questions. could it damage our families chances if my children and I go to Mexico with my husband when he goes to his interview or does that matter to the folks at the consular office? We just don’t want to be separated and if we can go without damaging our case, it would be for a month at most. If it takes them longer than that to approve it I would have to return for work Also, I don’t have the money for an attorney because I am the only working to support our family of 6. I got a list in the instructions for the I-601A of what can be used as supporting evidence and I have letters from my doctor of my medical conditions, our pastor, myself, my husband(the required explanation) and from some friends at church. Plus I have proof of my my job and our house and other assets we would lose. Would that not be enough for them to consider granting the waiver? If I had the money I would hire an attorney, but I don’t. My husband isn’t working because the times he has worked the people he worked for refused to pay hi Thank you!
Sincerely,
Sarah
Sarah:
It shouldn’t make a difference either way whether or not you and your children go to Mexico with your husband. At that point your I-601A would be approved and it is just a matter of the consulate reviewing the documentation to make sure your husband is still eligible and not inadmissible for any other reasons other than the unlawful presence 3 or 10 year bar. So go to mexico. But I would advise you not to go to Cidad Juarez and not to take your children there. It is a dangerous city for US citizens.
I recommend that everyone consult with an attorney to review their situation and make sure that there is nothing in their history that would make them ineligible for the visa despite the approved I-601A. Just because someone has the I-601A approved, that is not a guarantee that they will receive the visa. If you cannot afford to pay to consult with an attorney you should look into whether there are any legal aid organizations that provide pro bono (free) immigration assistance or advice to those in financial need.
It sounds like you are going in the right direction as far as evidence of hardship, unfortunately I cannot comment on how strong your I-601A waiver would be without a full consultation and seeing your documentation.
Ari Sauer
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
If there any waiver included in the New Immigration Reform Proposal for individuals who were charged with “False claims of US Citizenship”?
On 05/01/2002, my wife and her sister tried to illegally entry the country, they were detained at the port of entry Nogales, AZ, they both were asked to sign several documents but they did not know what they were signing. (everything was in English, and she does not speak English.) Finally they were removed to Mexico. Same day she returned to USA using different Port of entry, and she has been here in USA since then.
I am a US citizen and filed an 1-130 couple years ago, but never filed 1-485 as she EWI to the country.
I requested FOIA and found out that in addition to the Removal, she was charged with “False claim of U.S. Citizenship,” (However, she stated that she NEVER said she was a US citizen.)
We have 4 children under 10, and I understand that there is NOT waiver for False claim of US citizenship.
In the new Immigration Reform proposal, is there any waiver for individuals with these type of situation and charges?
If not, is any way that we can fight the “False claim of US citizenship, requesting to set aside this charge, re-open the deportation case, and finally apply for residency under my condition of US Citizen? What about a Suspension of Removal procedure?
David:
Yes. The current version of the Senate bill makes and exception claims to US citizenship made by children under age 18 and those who do not have the mental capacity to know that they are falsely claiming to be a citizen. It also would create a waiver based upon extreme hardship to US citizen or permanent resident spouse parents and/or children. We will have to see if this part makes into the final bill and if the immigration bill is passed by Congress.
I’m US citizen i pettition my siblings over 21 years of age and they live in kenya how long takes for them to come to USA?
Right now visas are available for sibling petitions filed on May 2001 and earlier. The wait is even longer for those born in the Philippines and Mexico. But even though i can tell you that there are 12 years worth of applications currently in line, I can’t say how long it will take to get through them. Here is a blog post I wrote about why:
http://immigrationanswerman.com/2013/01/16/when-will-a-visa-become-available-for-my-petition/
Hello Mr. Sauer:
Question? Do you have immigration firms, in the state of Florida. I need to do the I-601A for my husband. Also, how much do they charge to fill the form?
Thank You & God Bless!!!
Lory,
My firm does not have an office in Florida. However, I am able to assist clients in all 50 states and throughout the world with their US immigration law issues. So if you wanted me to represent you, I could do so. When it comes to the I-601A it is not a matter of filling out the form. Anyone should be able to fill out the form themselves. But the I-601A, like many immigration applications, is not about the forms, but about providing the right supporting documentation to show that the applicant is eligible to have the application approved. The level of extreme hardship that is needed to have an I-601A approved is more than the normal hardship that a spouse would suffer if their husband or wife were separated from them. Having an experienced attorney put together the application and supporting documentation for you increases your chances of having the I-601A approved. Also, many people are applying for the I-601A when they really shouldn’t be. So even if you are planning on filing the application yourself, you should have a consultation with an experienced immigration lawyer first to make sure you are eligible to have the I-601A approved and to receive the visa from the consulate abroad if the I-601A is approved.
You can call 901-507-4270 to schedule a consultation appointment with me.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hello quick question. My husband submitted his I-601 Waiver of grounds of Inadmissibility back on January 7th and I checked on the USCIS website and it states the process takes up to 4 months. So his deadline will be May 7th. However I’m wondering if there could be any reason why this process could take longer of if everything is fine then should we expect an answer by then?
Wendy,
The processing times are only approximate guesses based on the filing dates of the applications that USCIS is currently working on. There is a lot of room for error with those. Also, the processing times are the estimated time before a USCIS adjudicator gets around to looking at the application, not the time that they actually make a decision on it. It is not unusual for an application to take longer than the listed processing times. If the petition has been pending for more than a month beyond the listed processing times then you or your attorney can contact USCIS to have them check on it to make sure it is processing correctly.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
I am a US military member and I have filed for a visa for my mom which was denied by the embassy.The reasoning stated: section 212 (a)(6)(c)(ii)-false claim to U.S. Citizenship. Is there anything I can do to help my mom enter the US? Can I file for a waiver of ineligibility?
Unfortunately the waiver for the 212(a)(6)(C)(ii) bar for a false claim to US citizenship is only available in one very limited situation and I have never actually seen a foreign national who fell into that situation. Your only chance is to fight the consulate’s claim. You should consult with an immigration attorney to see if there might be a basis to argue that she didn’t make a claim to US citizenship which would make her subject to the bar (most, but not all claims to citizenship subject someone to the bar). This should be done soon as your mom only has one year from the date her visa was denied within which to request review of the decision.
You should also contact your Congressman and Senators and let them know about your situation. Congress is right now considering an immigration reform bill that may include a broadening of the availability of a waiver for this bar. They need to hear from you, especially since you are a military member, so that they know why it is so important to change this rule in the immigration laws.
You can call 901-507-4270 if you would like to schedule a consultation appointment with me to discuss whether there is a basis to argue that the consulate was wrong in claiming that your mother was subject to the 212(a)(9)(C)(ii) bar.
Hello, I filed for my husband and everything got approved, now we are waiting for an interview at the embassy abroad, how long does an interview takes after approval of an hardship letter
Nell,
It depends on the consulate and how busy they are. Anywhere from a couple weeks to a couple months.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hi my husband was denied a visa based on section 212 (a) (9) C (i) (1)
what can we do he was denied in jan 0f 2004.
Suzy,
Hopefully Congress will pass an immigration reform law that will get rid of 212(a)(9)(C) or at least make waivers more available. Unfortunately, under the current law, someone who is subject to the 212(a)(9)(C) permanent bar must remain outside the US for at least 10 years (and be able to document it) and only then they can apply for a waiver of the bar.
You should contact your Congressman and Senators and tell them to support the immigration reform bill and push for relief for those subject to the 212(a)(9)(C) bar. They need to hear from US citizen spouses in order to know how terrible that section of the law is.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hi, I have a DACA approval. My wife will file an I130 for me. Once approved, we will try the provisional waiver. Do you know approximately how long will I have to stay abroad? Also, once this process has started, do I HAVE to go thru with it or can I decide to not go thru with it and wait on the dream act or CIR?
IS,
Those with DACA approvals should discuss with their attorney about alternative options to the I-601A provisional waiver.
Someone who applies for the I-601A provisional waiver is not required to apply for the visa if the waiver is approved. The way the provisional waiver works is that the person waits in the US while the waiver application is being decided. If it is approved, then the foreign national would complete the visa application and have a visa interview scheduled. The foreign national would travel abroad for the medical examination and the interview and would then wait for a decision from the consulate about the visa. The wait time depends on the procedure used by the consulate, but it usually is a couple days and isn’t normally more than a couple weeks.
If you would like to discuss your options further, or you would like assistance with the petition, waiver and visa applications, you can call 901-507-4270 to schedule a consultation appointment with me.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hi, I am a US citizen, we just send the I601A, for my wife last week, how long does it take them to respont with a decesion?
Rudy,
USCIS is not currently posting their processing times for the I-601A. Assume that it will take at least 6 months to receive a decision.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
HI,
I filed an I130 petition in 2006, the petition was approved but we didn’t continue in fear at time. Can I use this as approved I130 to file for the waiver for spouse???
Beverly,
When an I-130 petition approved, and in the form the petitioner said that the beneficiary would be applying for the visa at the consulate, the file is sent to the Department of State. The Department of State then sends out notice to the petitioner with instructions on how to pay the DOS filing fees and how to apply for the visa. If a period of more than one year goes by where the DOS does not receive any communication form the petitioner or the beneficiary, then the DOS will terminate the case. This has the affect of revoking the I-130 approval. When this happens a new I-130 is required.
If you would like to discuss your eligibility for the I-601A provisional waiver further, or you would like assistance in preparing and filing the I-130 and any required waivers, you can call 901-507-4270 to schedule a consultation appointment with me.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hi
I called the NVC and the rep said I could use the i130 petition even if I filed in 2006 ??? I called after writing you… I’m so confused!!! We got the petition approval but nothing after that.. My uscis status just says post decision… I don’t know if that means anything but?????
Thanks Beverly
Beverly:
I don’t have enough information to answer your question. If you like, you can call 901-507-4270 to schedule a consultation appointment with me to discuss your case. If you want you can hire me to find out the status of the case and to handle it for you, if there is anything that can/needs to be done.
Ari Sauer
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hi my name is Daniela. I submitted the I-130 for my husband, he now has his consulate interview schedule. He has not been ask to file a waiver. Is there a chance they can grant him a permanent resident card?
Daniela,
If someone needs a waiver then their application will be denied at the visa interview. Then if they are eligible for the waiver they will be able to apply for the waiver and will have to wait for the waiver to be approved. If the waiver is approved then they will have their visa granted. The exact details of the process of how this all happens is a little different for each consular post, but that is how it works. This is different from the process for those who have approved I-601a provisional waivers (unless the person with the I-601a is denied the visa at the consulate for some reason other than the 3 or 10 year unlawful presence bar).
If you would like assistance with preparing and filing the waiver, you can call 901-507-4270 to schedule a consultation appointment with me.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
hi
my name is busra and I am from turkey but I am married in usa and I got my green card for 2 years and then I went to turkey to visit my parents for 2 months but I got e mail from uscis that I should file I-601A i am not sure about it is fake or i am really have to file this from because i alreay got my card if you help me i ll be thankful to you
Busra,
The I-601a provisional waiver is not for people that are already green card holders. I suggest that you have an immigration lawyer take a look at the notice you received so you can get a better answer to your question. If you would like to schedule a consultation appointment for me to review your notice, you can call 901-507-4270.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hi,
I’m a US citizen and petitioner for my only girl child over 21. She has an approved I-485. Do she need I-601A visa waiver.
THanks in advance for you advice and suggestion.
Andrea:
If someone has an approved I-485, that means that they have been granted a green card and they are now US permanent residents. A US permanent resident does not need an I-601A waiver.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.