Seeking A 601A Immigration Waiver For Unlawful Presence?
If you are facing obstacles to obtaining a green card due to entering the country illegally or overstaying a visa (unlawful presence) in the United States, a 601A immigration waiver – formally known as the Provisional Unlawful Presence Waiver – might be the answer. This waiver is available to green card applicants with family members who are U.S. citizens or lawful permanent residents.
Under current law, many immigrants who enter the country illegally or overstay their visas cannot apply for permanent residence (a “green card”) in the U.S. and instead must apply for their permanent residency abroad. However, if you are illegally in the United States for a certain period of time, in many cases, this can result in a bar to returning for ten years. In order to return, you would have to be granted a waiver of this bar.
The 601A allows you to apply for this waiver before leaving the United States and know the decision on the application before departing. Obtaining a 601A waiver can be complicated, however, as there are many eligibility requirements.
At The Law Offices of Polizzotto & Polizzotto, LLC, our 601A waiver attorneys offer guidance on unlawful presence waivers and other immigration issues. We have been helping families across New York City navigate complex immigration processes since 1962. Our founding philosophy of “always do right by our clients” continues to guide our practice today.
Understanding 601A Waivers
A 601A waiver is a powerful tool for those seeking a green card who have spent time in the U.S. as undocumented immigrants. They are inadmissible based on unlawful presence in the U.S. and unable to pursue adjustment of status without a waiver. Without the provisional waiver, they would be barred from entering the United States for up to 10 years.
To be eligible for the waiver, you must:
- Have a pending immigrant visa petition
- Have an inadmissibility ground based on a certain amount of undocumented presence
- Be physically present in the U.S.
- Be at least 17 years old
Additionally, you must be able to prove that your absence would cause extreme hardship to a spouse or parent who is a citizen or lawful permanent resident.
The Benefits Of A 601A Waiver
The primary advantage of a 601A waiver is that it reduces the amount of time you will have to spend abroad for consular processing. Its purpose is to minimize the amount of time that families are separated during the immigration process. If approved, the waiver helps ensure that when you leave for your immigrant visa interview, you can return to the U.S. more quickly to reunite with your family.
How We Can Help
Our 601A waiver attorneys can assist by:
- Assessing your eligibility for the waiver
- Gathering and organizing the necessary documentation
- Developing a compelling case for extreme hardship
- Preparing and filing your waiver application
- Representing you throughout the process
As a family-oriented firm, we consider our clients part of our extended family. We’re committed to helping you through the process and overcoming any challenges that arise.
Take The Next Step
Ready to explore your options for obtaining a provisional unlawful presence waiver? We encourage you to contact our 601A waiver attorneys at 718-213-4861 for a consultation. Our caring team is ready to support you and your family.