If someone entered the U.S. without being inspected by an immigration official, that person has been present unlawfully and accruing unlawful presence from the day they entered. That person becomes “inadmissible”. For as long as someone is deemed “inadmissible” that person cannot be granted a visa or a green card in the United States.

However, because the law bars re-entry for so many years (10 years if the person has accrued unlawful presence of more than 180 days), many individuals do not feel safe leaving the U.S. even if they are otherwise eligible for a green card. Fortunately, such individuals may be eligible for a 601A provisional waiver.

What is a 601A provisional waiver?

A person who is subject to the bar is required to get the bar “waived,” or forgiven, by filing a waiver application. Then, the person must return to their country of origin to apply for an immigrant visa, rather than adjusting status in the U.S.

Who is eligible?

Applicants who are immediate relatives of a US citizen (spouses and parents) are eligible to apply. The applicant must be physically present in the United States, and not already have a scheduled interview at a U.S. consulate abroad. However, in order to be granted the waiver, you must demonstrate that your spouse or parent will suffer an extreme hardship if the waiver is not granted.

Unfortunately, individuals whose only immediate relative is a U.S. citizen child over the age of 21 do not qualify for the provisional waiver, as they cannot establish hardship on a qualifying relative.

Please contact Yao Law Group to find out if you qualify for a 601A Provisional Waiver.