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Saturday, January 5, 2013

New Provisional Waiver -- I-601A. Key for EWI I-30 Processing

The long awaited issuance of the state-side 601A waiver is over! The new regulations go into effect 04 March 2013. This is great news to many individuals waiting for 601 waivers in order to proceed with their I-130/I-485 processing packages.


History


Perhaps a brief explanation is order for the rest of us! Many immigrant family members find themselves with a serious problem. They realize that, although they qualify for sponsorship by an LPR spouse, because they entered the country illegally, they are no allowed to convert from non-immigrant status to LPR status without first obtaining a waiver (called an I-601) allowing them to be forgiven for entering, and remaining in, the country illegally.

Living in the US illegally triggers a 3 or 10 year bar, depending on how long you remained here illegally (<1 year = 3 year bar; >1 year = 10 year bar). You cannot be sponsored until you have spent that time outside of the country. In order to avoid the "bar", and immigrant must file an I-601 "waiver" form with the consulate in their home country. Note the location of filing -- the consulate in his/her home country (although this recently changed to allow stateside filing of the forms, the process for the immigrant was still the same). Under a standard 601, An immigrant with a 3 or 10 year bar is required to leave the country after filing an I-601. The term for this is "consular processing." If the immigrant can show extreme hardship, the bar is lifted, and the immigrant may re-enter the country legally. It can take anywhere from 6 to 8 months for a determination to be made on an I-601 application -- and the entire time, the immigrant must wait in their home country.

For many years, there has been a great cry to have the I-601 process modified. Family members (specifically, spouses of US Citizens, children, and parents)have been sent home waiting for 601 waivers that have taken years -- effectively destroying the family or causing terrible problems. The USCIS has studied the problem for some time, and determined that allowing the illegal immigrant to remain in the country during the 601 waiver adjudication period would not unduly burden the USCIS system.

Therefore, beginning in March, illegal immigrants whose only problem is their status in the country at the time they filed their I-130/I-485 package are elligible for expidited, in situe processing of their I-601. The new form allowing this is called an I-601A. The immigrant does not have to leave the country until the waiver is approved -- and then he/she travels to his/her home country, retrieves the I-130/I-601A visa and returns home the next day. No (or minimal) delay!

This is a tremendous breakthrough for our clients, and for millions of undocumented, but otherwise eligible immigrants to become legal LPR and eventually citizens.

Do you need an immigration help? Are you here illegally and would like to convert?Call us immediately and let us stop the clock and review the case before your loved one is shipped out-of-country! With the new I-601A provisisons, you may qualify for preferred processing and get a work visa or legal documents much more quickly that you imagined!

S

Sean R. Hanover, Esq
HanoverLawPC.com
Contact Us
703-402-2723

15 comments:

Anonymous said...

What if he already is in Mexico?is there anyway to get him back in the u.s?

Anonymous said...

I AM A BORN US CITIZEN, MY HUSBAND AND I JUST GOT MARRIED A FEW MONTHS AGO....IF I FILE THE I30 APPLICATION TODAY..DO WE STILL QUALIFY FOR THE NEW LAW THAT TAKES PLACE IN MARCH 4, 2013????????REGARDING THE EXTREME HARDSHIP???

Anonymous said...

Is the proccesing time to approve an 1 601 A going to take long?

Sean Hanover said...

The I-601A only applies if the person is here in the country. Therefore, in order to gain entry into the country you will need a Visa. Depending on your relationship with the person will determine what type of Visa you should use to gain entry into the country. If you have more questions feel free to contact us at Hanover Law

Sean Hanover
(703) 402-2723

Sean Hanover said...

No, unfortunately if you would like to use the waiver you would have to wait until the new waiver goes into effect March 14, 2013. Please feel free to contact Hanover Law with any further questions

Hanover Law PC
Sean Hanover
(703) 402-2723

Sean Hanover said...

It will take approximately 4-6 months to be processed.

Anonymous said...

my son in law's visa interview was scheduled by a consular officer before January 3, 2013, is there anything he can do in order to qualify for the new provisional waiver?

Anonymous said...

Will your firm help with the filling out and filing of the 601a waiver? If so how much is the fee? My huband and I (usc)have been married 7 years and we have a usc son. My husband is here illegally from guatemala. I know this will help us. We have filed the i130, and awaiting approval. I believe i then notfiy nvc that we will be filing the 601a. anything else we should know, please let us know.

Sean Hanover said...

Yes, we would be glad to help with that. Give us a call at 703-402-2723 or 571-572-8567 and we will work with you get get the 601a waiver completed properly (to be submitted in March).

Anonymous said...

In response to Mr. Hanover, a petitioner can still file an I-130 now and wait for it to be approved. Upon approval of the I-130, the visa beneficiary can file the I-601A when it comes into effect later on.

Anonymous said...

I am an indian resident and my wife has filed for I 130 she is a lpr we got our noa1 in june 2012. Does the new law expidite the process if yes then what will be the waiting time. If no then how much te will it take for us to get the visa

Anonymous said...

My sister was deported in 2009 after 20 years in this country, she had her own business and paid taxes for 20 years. Her daughter is married and is a US citizen. My sister requested through a form (?) that the us consulate reconsider her case. She was denied. Her age is 62 year old. She is very sick, diabetic, has no job and I have to help her with some money. Isn't this extreme hardship? Is it possible for her to come back? Her daughter's husband suddenly acquired multiplesclerosis and now is disabled. If the mother comes to help her both lives could change. Waiting for your reply.
Thanks.

Anonymous said...

my and wife have been married for 10 ears. we had an approved I130 but then were denied the 485 for inadmissibility in 2004. can we file the 601a now or restart the whole process. we were not going to risk the 601 at that time.

Anonymous said...

I have a question. My husband is waiting for a rescheduled visa appointment. Should I file the form I601a now before his appointment? I'm afraid because it would be hard for me to prove extreme hardship because I'm employed .what does USCIS look for in a hardship application?

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