1. What is a 601A waiver?

A 601A waiver is a waiver used by the United States Citizenship and Immigration Services (USCIS) to waive certain bars for inadmissibility that would otherwise prevent someone from obtaining a green card. It is most commonly used for people who entered the United States without inspection or permission, or those who have overstayed their visa. The waiver is known as a Form I-601A, and it is used to show the USCIS that the applicant has strong ties to the United States and will suffer extreme hardship if they are not allowed to remain in the country.

2. Who is eligible for a 601A waiver?

A 601A waiver, formally known as the I-601A Provisional Unlawful Presence Waiver, is available to certain individuals who are immediate relatives of U.S. citizens and who have accrued unlawful presence in the United States. The individuals must have a pending immigrant visa case with the Department of State, and must demonstrate that their U.S. citizen spouse or parent would suffer extreme hardship if the waiver were denied. The individuals must also meet other criteria to be eligible for the waiver.

3. How long does it take to process a 601A waiver?

The average processing time for a 601A waiver is about 6 to 8 months, however it can vary depending on the individual application.

4. What documents are needed to apply for a 601A waiver?

To apply for a 601A waiver, the following documents are typically needed:

-Completed I-601A waiver application
-Proof of relationship between applicant and beneficiary (birth certificates, marriage licenses, etc.)
-Evidence of “extreme hardship” to the U.S. citizen or lawful permanent resident relative if the applicant is denied admission to the U.S.
-Proof of applicant’s identity (passport, driver’s license, birth certificate, etc.)
-Proof of financial ability to support oneself in the U.S. (pay stubs, bank statements, tax returns, etc.)
-Proof of any criminal history (court records)
-Proof of any current or past immigration violations (deportation order, notice to appear, etc.)
-Any relevant supporting documentation

5. Does a 601A waiver provide a permanent solution for unlawful presence?

No, a 601A waiver does not provide a permanent solution for unlawful presence. It grants temporary immigration relief, but the individual must still apply for a green card or other form of permanent legal status in order to stay in the United States permanently.

6. Does a 601A waiver guarantee an approval of an immigrant visa?

No, a 601A waiver does not guarantee an approval of an immigrant visa. Even if an applicant receives approval for a 601A waiver, additional documents may be required in order to obtain an immigrant visa.

7. Is a criminal record a bar for applying to a 601A waiver?

Yes, a criminal record can be a bar for applying to a 601A waiver. Depending on the specific details of a person’s criminal record, U.S. Citizenship and Immigration Services (USCIS) may deny the waiver application if the person’s criminal history is deemed to be too serious or poses a threat to public safety.

8. Is an interview required for the 601A waiver application process?

Yes, an interview is usually required for the 601A waiver application process. The interview is usually conducted by a U.S. Citizenship and Immigration Services (USCIS) officer who will ask questions about the applicant’s current and past relationships, including those with partners, family, friends, and employers. The officer will also want to know why the applicant is requesting a waiver and their future plans in the United States. The interview can be done in person or over the phone.

9. Is there any fee associated with the 601A waiver application?

Yes, applicants must pay a fee of $930 USD to file Form I-601A. The fee is nonrefundable, even if the application is denied. Additionally, applicants must pay a biometrics fee of $85 USD.

10. Are there any other waivers available if a 601A waiver is denied?

Yes, there are other waivers available if a 601A waiver is denied. Depending on the applicant’s situation, these other waivers may include hardship waivers (I-601), U nonimmigrant status waivers (I-192), and provisional waivers (I-601A).

11. Does the applicant need to be in the U.S. to apply for the 601A waiver?

No, the applicant does not need to be in the U.S. to apply for the 601A waiver. In fact, many applicants choose to apply for the waiver from outside of the U.S., from their home countries, in order to remain with their families during the application process.

12. What form do I need to file for the 601A waiver?

The form you need to file for a 601A waiver is Form I-601, Application for Waiver of Grounds of Inadmissibility.

13. What is the difference between an I-601 Waiver and a 601A Waiver?

An I-601 Waiver is an application for a waiver of certain grounds of inadmissibility, typically requested for immigrants who are inadmissible due to certain unresolved criminal or immigration violations. A 601A Waiver is an application for a provisional waiver of inadmissibility, typically requested by a non-citizen family member of a U.S. citizen or Legal Permanent Resident. It allows the applicant to remain in the United States while the waiver is being processed and can be approved up to six months before the applicant’s scheduled departure from the United States.

14. Are there any exceptions for individuals who are ineligible for a 601A waiver?

The 601A waiver has strict requirements and generally does not provide exceptions. However, in limited circumstances, the USCIS may grant an exception to someone who does not meet all of the requirements for the 601A waiver. These exceptions are rare and decided on a case-by-case basis.

15. What happens if an individual is denied a 601A waiver?

If an individual is denied a 601A waiver, they may be able to reapply for another waiver or pursue other available forms of immigration relief. They can also request a review of their application by filing a motion to reopen or reconsider with the USCIS. Additionally, individuals can opt to pursue judicial review of the denial if they believe the decision was based on an error.

16. What is the process for appealing a denied 601A waiver application?

For a 601A waiver application, you can appeal the decision of an immigration officer by filing a motion to reopen or reconsider with the immigration court. You must file the motion within 30 days of the denied decision. The motion must include all evidence that supports your case and explain why the immigration decision was wrong. The court will then review your case and make a decision on whether to grant or deny your appeal.

17. Are there any mistakes or errors that can lead to the denial of a 601A waiver?

Yes, there are mistakes or errors that can lead to the denial of a 601A waiver. This includes providing false or incomplete information on the Form I-601A and/or failing to meet the requirements for approval. Additionally, if the applicant has a criminal record or is determined to be a threat to public safety, that could also lead to a denial.

18. How do I check the status of my 601A waiver application?

You can check the status of your 601A waiver application by visiting the USCIS website and entering your receipt number. You can also call the USCIS Contact Center for more information.

19. Can I apply for a 601A waiver from outside of the United States?

No, you must be physically present in the United States to apply for a 601A waiver.

20. Does submitting a 601A Waiver automatically delay the time for reporting back to my home country after entering the United States with an immigrant visa?

No. Submitting a 601A Waiver does not automatically delay the time for reporting back to your home country after entering the United States with an immigrant visa. However, the 601A Waiver can help in the process of obtaining U.S. lawful permanent residence (green card). Depending on the individual circumstances, it is possible that filing a 601A Waiver may delay the process of obtaining U.S. lawful permanent residence, but it does not automatically delay the time for reporting back to your home country.