305 Broadway Suite 100 New York, New York, 10007-1109 TEL: 1 (212) 267-2555 TOLL FREE: (800) 272-8160
Metro Park NJ office (By Appointment Only) (732) 313-0075
Provisional Immigration Waivers

Lawyers Explain How to Obtain Provisional Immigration Waivers in NY

Our attorneys can assist with the I-601A process

Adjusting your status or otherwise obtaining the right to be legally present in the United States can be a complex process, especially for those who have already spent significant time in the country. In many cases, this process requires you to leave the United States to apply for a visa at an embassy or consulate abroad, all the while uncertain when if ever, you can return. While this unfortunate requirement is unavoidable in most cases, recent changes to immigration law have been instituted to remove some of the uncertainty and reduce the time you are separated from your family. If you are required to leave the United States to obtain a visa abroad, our attorneys at the NY law firm of Bretz & Coven, LLP may help you take advantage of the provisional immigration waiver program.

When the I-601A program applies

Generally, most types of visas are denied if the applicant meets one or more grounds for inadmissibility. Such applicants can, however; seek a waiver of these grounds based on their personal circumstances by filing an I-601. This process cannot begin until after you have left the country and have appeared at your visa interview abroad. The provisional immigration waiver program is a subset of this program that applies specifically to visa applicants who may be deemed inadmissible due to having lived in the United States as a non-citizen for 180 days or more. Those who qualify for the I-601A program may file a waiver application prior to leaving the United States, drastically reducing the amount of time they must wait for their visa and waiver applications to be processed. The I-601A program, however, is strictly limited to those who meet the following requirements:

  • You are 17 or older.
  • You are the spouse, child or parent of a U.S. citizen.
  • You have an approved I-130 Petition for Alien Relative.
  • You have an immediate relative petition pending with the Department of State.
  • The denial of your visa would cause extreme hardship to your U.S. citizen relative.
  • You are physically present in the U.S. when you file your I-601A petition.
  • You were not scheduled for a visa interview prior to January 3, 2013.
  • You meet all other normal requirements for unlawful presence waivers.

While there have been many favorable developments in U.S. immigration policy recently, including the provisional immigration waiver and deferred action programs, the process is still complex and convoluted. The consequences of mistakes are high. Our attorneys at Bretz & Coven are proud to assist immigrants in navigating these procedures, reuniting with their families and starting new lives in the United States.

Contact us to learn what special immigration programs are available

Because we at Bretz & Coven, LLP are dedicated to immigration practice in NY, we remain aware of and acquainted with the options that other firms may miss. Contact our experienced immigration lawyers in New York City today at 1 (212) 267-2555 or online for creative solutions to your complex immigration problems.  For an office appointment in Metro Park, New Jersey, call 1 (732) 313-0075.

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