Showing 5 posts in I-601A.

USCIS Issues Guidance Clarifying “Reason to Believe” Standard for I-601A Waivers

On January 24, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum clarifying the “reason to believe” standard for denying I-601A provisional unlawful presence waiver applications involving certain criminal offenses. Read More >

7,000 Provisional Waiver Applications Received During the First Four Months of the Program

Since March 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) have been able to apply for provisional unlawful presence waivers (I-601A form) before they leave the United States. This process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.  The USCIS National Benefits Center (NBC) has reported receiving approximately 7,000 I-601A waiver applications during the first four months of the program.  The NBC is indicating that their goal is to adjudicate I-601A applications within six months of submission. Read More >

Incorrectly Filed I-601As Are Being Rejected

Since March 4, 2013, USCIS has been accepting applications for Provisional Unlawful Presence Waivers (“Form I-601A”).  Many of these applications have been rejected, however, because customers did not provide proof that the required Immigrant Visa Application Fee was paid to the Department of State (“DOS”).

Individuals filing Form I-601A should make sure to:

  • Pay the Immigrant Visa Application Fee before filing Form I-601A.
  • Send the DOS Immigrant Visa Application Fee receipt along with the I-601A application; and
  • Make sure the receipt is the official, DOS-issued receipt with the National Visa Center Case Number clearly visible.

USCIS gives only 30 days to Respond to Provisional Unlawful Presence Waiver RFEs

USCIS recently published a policy memorandum decreasing the standard timeframe for Provisional Unlawful Presence Waiver applicants to respond to Requests for Evidence (RFEs).

As we reported in February, USCIS recently began accepting Form I-601A, Provisional Unlawful Presence Waiver applications. The I-601A allows certain immediate relatives of U.S. citizens who are physically present in the U.S. to request a provisional unlawful presence waiver prior to departing from the United States for consular processing of their immigrant visa applications. As the name suggests, the grant of an unlawful presence waiver waives any unlawful presence that the immigrant has accrued, thus allowing him or her to avoid the 3/10 year bar to reentry. The I-601A was promulgated to reduce the length of time U.S. citizens are separated from their family members and to streamline the unlawful presence waiver process.


Read More >

The USCIS Will Begin Accepting I-601A Provisional Unlawful Presence Waivers on March 4, 2013

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting I-601A provisional unlawful presence waiver applications on March 4, 2013.  Under the recently-announced new waiver process, immediate relatives of U.S. Citizens who will be subject to the unlawful presence bar can apply for a waiver and await its adjudication before they have to depart the U.S.  Once the provisional waiver application is approved, the applicant must still depart the U.S. and attend a consular interview abroad, before an immigrant visa can be issued.  However, the new process lessens the length of separation and encourages family unity while the waiver application is pending.   Read More >

Subscribe

Follow Us

LinkedIn Twitter Facebook YouTube

Topics

Contributing Editors