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Provisional Waiver

Provisional Waiver Attorneys in Rockville

What is a Provisional Waiver?

The provisional waiver process, filed on Form I-601A, is truly a game-changer in immigration law. Before the enactment of the provisional waiver, those who resided unlawfully in the United States for many years and left the country were barred from returning. The provisional waiver now allows immigrants to seek the waiver from within the United States, and how long it would take for approval. If approved, the immigrant could travel to his or her home country and be interviewed for a green card.

Who Is Eligible for the Provisional Unlawful Presence Waiver?

To be eligible for a provisional waiver, applicants must:

  • Be at least 17 years old
  • Must be physically in the U.S. when filing the application
  • Show that denial of your application will cause extreme hardship to a qualifying relative in the U.S.
  • Be inadmissible only on the grounds of unlawful presence in the U.S.

Our attorneys can review your status and background to help you determine whether you are eligible for a provisional waiver, or if there are other options for you to legally remain in the United States.

Who is NOT Eligible for a Provisional Unlawful Presence Waiver?

  • You are currently in removal proceedings
  • You have a final order of removal or deportation
  • You are inadmissible on grounds other than unlawful presence (criminal convictions, fraud, etc.)

How Do You Apply for a Provisional Waiver?

You must fill out Form I-601A, including the biometric fees and required documentation.

If you have an approved I-130 or I-360 pending, you must notify the National Visa Center if you choose to file a provisional unlawful presence waiver.

What Are the Benefits of a Provisional Waiver?

The provisional waiver became a game changer in the field of U.S. immigration law for two reasons:

  • No family separation: First, immigrants wait for the approval of the waiver in the United States with their families. There is no issue of separation.
  • You know the status before leaving the U.S.: Second, the immigrant knows whether the waiver is granted or denied before leaving the United States. If the waiver is granted, the immigrant can make plans accordingly. The same is true if it is denied. The fact that the provisional waiver is granted does not mean that a person can travel safely to the consulate and obtain lawful permanent residency.

How Long Does it Take to Get a Provisional Waiver Approved?

The processing time for an I-601A waiver has typically been four to six months in recent years. However, today it is common not to receive approval for a year or more. The average is now nine to fourteen months.

Our Rockville provisional waiver lawyers at Yacub Law Offices can counsel and guide clients through the legal process of seeking and obtaining a waiver. Call (703) 552-5051 to schedule a consultation.

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What You Can Expect With Yacub Law Office
  • Experience

    Our attorneys have over 20 years of experience in handling complex immigration cases.

  • Thousands Helped

    Our firm has successfully represented thousands of immigrants nationwide.

  • Strategy

    We are transparent in our communication and provide a clear road map with various legal strategies for your case.

  • Bilingual

    Our attorneys and staff are bilingual and serve our clients in English and Spanish.

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