Joel Orta

I-601A Waiver

 

I-601A Waiver

The Secretary of the Department of Homeland Security (DHS) has created a new process that allows family members of U.S. citizens or lawful permanent residents to apply for a provisional unlawful presence waiver while in the United States and before leaving for their consular visa interview abroad.

Eligibility Requirements I-601A:

  • Be a qualifying relative of a US citizen or Lawful Permanent Resident (spouse or child).

  • Be the beneficiary of an approved relative petition.

  • Be 17 years of age or older.

  • Be present in the United States at the time the provisional exemption is filed.

  • Be able to demonstrate that refusal will cause extreme hardship to your U.S. citizen spouse or parent.

  • Not be in a removal proceeding.