Effective March 4, 2013, the Department of Homeland Security will begin a new process for adjudication of these waiver applications. Under the new process, certain foreign spouses delay returning to their home country until a “provisional waiver” is approved in the U.S. The new process will drastically reduce the amount of time that the foreign spouse has to remain in his or her home country. Hopefully, the new process will also provide some measure of confidence that the foreign spouse will indeed return to the US.

1. I-601A
Provisional Unlawful Presence Waiver
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2. Outline
Today’s Dialogue Map…
1. What is the Provisional
Unlawful Presence
Waiver?
2. Guidelines for Eligibility
3. Procedure for Filing
4. Case Preparation

3. What is the Provisional Waiver?
A new process for certain immediate relatives of US citizens
who are present in the US, but do not meet the
requirements to complete the green card process in the
US. To complete the process, the foreign relative must
return to his or her home country.
Here’s the catch: The moment the foreign relative departs
the US, he or she triggers a 3 or 10 year bar to reentering
the US. The bar is triggered due to prior unlawful
presence in the US. The only way around the bar is to
file an application for a “waiver of inadmissibility”.

4. What is the Provisional Waiver?
Regular Process for these Relatives to File an Application for
a Waiver of Inadmissibility: Foreign relative stuck for
months and months in home country, even if waiver
successful. Risky process. If wavier denied, relative stuck
until the bar has run.
New Provisional Waiver Process: Foreign relative files
application and obtains provisional approval prior to
leaving the US. If no other problems with the case,
provisional approval should take the risk out of the
process. Also, should drastically shorten time spent in
home country.

5. What does it waive?
The Provisional Wavier only waives 1 ground of
inadmissibility– inadmissibility based on unlawful
presence in the US.
It does not waive inadmissibility due to fraud or
criminal convictions.

6. Guidelines for Eligibility
* Foreign Relative must be the spouse, child, or parent of a US Citizen.
*US Citizen spouse, parent, or child must file and USCIS must approve
an I-130 immediate relative petition for the foreign relative.
*USCIS must forward the case to the Dept. of State’s National Visa
Center to establish an immigrant visa case. The immigrant visa fees
must be paid.
*Foreign relative must be physically present in the US when waiver
application filed and to give biometrics.
*Foreign relative must provide evidence to prove that his or her US
Citizen spouse or parent will suffer extreme hardship if not admitted
to the US.

7. Procedure
• File I-130 petition with USCIS.
• Once I-130 is approved, USCIS will forward to National Visa Center.
• National Visa Center will then send bill for visa fees. Pay fees.
• File I-601A with filing fee, I-130 approval notice, Receipt for payment
of visa fees, and supporting documentation to prove extreme
hardship to US Citizen Spouse or Parent.
• Upon approval, USCIS notifies National Visa Center
• National Visa Center continues to process immigrant visa case,
eventually resulting in interview being scheduled at US Embassy in
home country.
• Foreign relative returns to home country to have medical exam
completed and attend interview. If all goes well, immigrant visa
issued to foreign relative shortly after interview.
• Foreign relative becomes a Lawful Permanent Resident the day he or
she returns to the US.

8. Waiver Case Preparation
1. Affidavit from US Citizen detailing the extreme hardship.
Grounds of Hardship
•USC’s health –major illness, disability, advanced age, mental
illness/emotional hardship
•USC caring for family member—aging parents, children (with foreign
relative v. children from prior relationship)
•USC’s family ties to the US
•Economic hardship
•Spiritual
•Country Conditions in Foreign National’s Home Country
2. Affidavit from Foreign Relative, if sympathetic circumstances.
.

9. Waiver Case Preparation
3.Evidence to support all grounds of hardship discussed
--Letters/Affidavits from others
--Medical reports/evaluations
--Mortgage Statements, loan agreements, bills
showing financial obligations
--Country Condition Reports/articles from reputable
sources
--Family Photos

10. FAQ
•If my provisional waiver application is approved,
does that mean that I will definitely get approved
at my interview in my home country?
•What happens if my provisional wavier is denied?

11. Other Issues
•Cannot get provisional waiver if National Visa
Center acted before Jan. 3, 2013 to schedule an
immigrant visa interview (in most cases).
•If in removal proceedings or were in removal
proceedings—must be taken care of before
departing the US for interview.

12. Questions for us?

13. Thank You For Attending.
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