I-601A; Provisional Unlawful Presence Waiver

Over 30 Years of Success!

Overview.

  • What is a Provisional Unlawful Presence Waiver.

  • Am I Eligible for an I-601A Waiver.

  • What is the Process

  • Why Team With Mulder Law

What is a Provisional Unlawful Presence Waiver?

The provisional waiver is essentially forgiveness for being present in the United States without having entered with inspection or for overstaying a visa. The provisional waiver grants to you the right to return to your country of origin - usually for a few days or no more than two weeks - to obtain an immigrant of non immigrant visa to reenter the U.S.

The Provisional Unlawful Presence Waiver is applied for from inside the U.S. and with a visa application. You do not leave the U.S. until your waiver has been granted.

The provisional waiver ONLY waives your unlawful presence. It DOES NOT waive any other grounds of inadmissibility. The USCIS may approve your provisional waiver and not tell you that you are inadmissible for other reasons. This is intentional on the part of the USCIS and may result in your leaving the country only to find out you are inadmissible and unable to return. For this reason, it is very important that when you speak with Kyndra L Mulder, Esquire you provide her detailed information regarding your history.

The provisional waiver requires a showing of extreme hardship to a USC or LPR whol will suffer extreme hardship if the waiver is not granted. Extreme hardship is shown by the filing of a memorandum of fact and supporting documentation.

Kyndra L Mulder, Esquire has over 30 years experience and acquired knowledge in the writing of successful waiver applications and memorandums to demonstrate extreme hardship. Please continue reading for more information on the filing of a provisional waiver.

Am I Eligible for an I-601A Waiver

To be eligible for an I-601A Waiver, you must meet ALL of the following conditions:

  1. Be physically present in the United States to file your application and provide biometrics.

  2. Be 17 years of age or older.

  3. Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with Department of State (DOS) because you:

    • Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;

    • Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee);

    • Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or

    • Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)

  4. Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent.

  5. Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:

    • More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or

    • 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).

  6. Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.

CAUTION: The I-601A Waiver ONLY waives your unlawful presence. It DOES NOT waive any other any other grounds of inadmissibility. When you apply for the I-601A Waiver the USCIS will make a decision whether or not to waive your unlawful presence. If the waiver is granted, you may find yourself inadmissible after leaving the country for reasons other than your unlawful presence. If this happens to you, you may need to file an I-601 waiver from outside the United States before you will be admitted.

You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:

  1. You do not meet all of the conditions listed under eligibility mentioned above.

  2. You are in removal proceedings that have not been administratively closed.

  3. At the time of filing, you are in removal proceedings that have been administratively closed but have been placed back on the Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings.

  4. You have a final order of removal, exclusion, or deportation (including an in absentia order of removal under INA 240(b)(5)). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

  5. You do not meet one or more of the requirements outlined in the Form I-601A and its instructions.

The Process

  • I. An Approved Petition

    The I-601A Waiver is not a stand alone benefit. To qualify for a Waiver, the Foreign national must have an approved Petition that demonstrates eligibility for a Visa.

    The Petition can be related to employment or the D V Lottery. However, a majority of I-601A Waivers require an approved I-130 or I-360 before the Foreign National can meet the Extreme Hardship requirement.

  • II. Apply for a Visa

    The second step is to apply for Visa. In the majority of cases this is done electronically through the National Visa Center (NVC). When the NVC has received your application and all required supporting documents, your file will be sent to the appropriate US Foreign Consulate.

  • III. File Your Application

    After you have filed your Visa Application with the NVC you can file your Waiver Application with the USCIS. The decision on your Waiver Application is a supporting document for your Visa. The USCIS will not send your file to the Consulate until the NVC has received the decision from the USCIS.

  • IV. Consulate Processing

    After the NVC has received notice from the USCIS that your waiver has been approved your file will be sent to the appropriate US Consulate.

    Consulates vary in their processing of Visa Applications. You will receive a notice from the US Consulate ow to proceed.

Call Mulder Law

Why Team with Mulder Law

  • Commitment

    The Mulder Law commitment is to follow through with intention and focus. My commitment to my clients is to follow through with a purpose and a plan of action. I will listen to you in defining your purpose and we will build a plan together. The purpose and plan will be put in writing.

    I will answer or promptly return your phone calls,

    I will meet with you personally,

    I will appear personally at your interviews and hearings.

  • Experience

    There is no substitute for experience. Think of a weight lifter; the more the weight lifter works out the stronger s/he becomes and the more weight s/he is able to lift. It is the same with the practice of immigration law; the more practice the more knowledgeable and skilled the attorney becomes.

    I have over 34 years experience and focus on immigration cases that require a waiver. I have developed a skill at identifying purpose, developing a plan, and implementing the plan.

  • Success

    Kyndra L Mulder, Esquire has been a licensed attorney for more than 34 years. She has never had a client who followed through with a Waiver that was not successful. She has had only two cases that required an Appeal but the clients eventually prevailed.

    This is not meant to be a guarantee that you will be successful if you team with Mulder Law. Attorney Mulder’s record is an indication of her experience knowledge and passion for her clients.

  • Passion

    I have been practicing law for more than 34 years. At this stage in my career I have narrowed my practice and I am selective in the clients I choose to team with. My practice is narrowed to Immigration cases that require a waiver. If I choose to team with you, your case is my case and your victory is my victory. I will be with you all the way.

    If I can not represent you with passion, I will not take you as a client.