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Why Provisional Waivers Have Changed Immigration Law

Until provisional waivers were enacted, those who stayed in the United States illegally for several years were barred from returning. Provisional waivers (Form I-601A) allow immigrating family members the opportunity to take advance measures to prevent this from occurring. Our Virginia immigration team outlines everything you need to know about the benefits of provisional waivers below.

Eligibility Requirements

To fully take advantage of the I-601A waiver, all of the following conditions must be met:

  • You must be eligible for an immigrant visa to the U.S.
  • You are physically present in the United States at the time of submitting the waiver.
  • You are 17 years old or older.
  • You are otherwise admissible to the United States. Your provisional waiver will be denied if you need to ask for an additional waiver of any other grounds of inadmissibility based on crime, fraud, etc.
  • You can provide evidence showing that, if not granted the waiver and green card, your qualifying U.S. relative(s) will suffer extreme hardship as a result.

Alongside factors that make an individual eligible for a provisional waiver, there are also conditions that make some ineligible for one. Here are examples of individuals that are unable to apply for the waiver:

  • Anyone in the middle of removal proceedings
  • Anyone with a final order of deportation or removal
  • Anyone that is found to be inadmissible on grounds apart from unlawful presence

What Makes Provisional Waivers Special

One of the biggest benefits of provisional waivers is family unification. With the ability for immigrants to wait for the waiver’s approval (typically taking 4-6 months to process) while staying in the United States, there is no longer a fear of separation.

The second benefit is being able to know the result of the waiver’s approval before leaving the United States. This allows immigrants the ability to plan accordingly whether the waiver is granted or not. Before the existence of the waiver, applicants had no choice but to attend the consular interview without any knowledge of whether their waiver was granted, and ran the risk of being trapped outside the country if the waiver was denied.

How Yacub Law Offices Can Help

If you or a loved one is looking to pursue a provisional waiver, consulting experienced legal guidance can help ensure a smooth process no matter how complicated it may appear.

To find out more about how we can help you or a loved one apply for a provisional waiver, contact us today through our website or give us a call at (703) 552-5051 to schedule a consultation!