What Happens After You File an I-601A Waiver?
Form I-601A is an essential piece of the family-based immigration process for many applicants. It provides a workaround for the mandatory three or ten-year reentry bar that would prevent otherwise approved applicants from reentering the country after their embassy or consulate interview.
If you have questions about what to expect after filing an I-601A waiver in Florida, especially if you’re currently out of status, confidentially contact the dedicated family immigration attorneys at Robert M. Bell P.A.
Overview of Form I-601A
Immediate relatives of U.S. citizens or green card holders (LPRs) – parents, spouses, children, or siblings – may need to file Form I-601A after receiving initial I-130 approval. This is a standalone application that cannot be filed in combination with your I-130, I-485, or other requests for travel and reentry. Form I-601A, Application for Provisional Unlawful Presence Waiver, provisionally waives the mandatory reentry bar solely to permit approved applicants to leave the United States to attend their pre-scheduled embassy or consulate interview.
Without an approved I-601A, immigrants who leave the country after overstaying their previous visas would be prohibited from reentering the U.S. even with an approved I-130. Form I-601A exists to address this legal Catch-22 inherent in the immigration process.
Filing and Waiting for I-601A Approval
Once your immigration attorney files an I-601A application, you must ensure that you’ve submitted all required and requested documentation to the National Visa Center (NVC). Necessary attachments to an I-601A often include the following:
- Processing fee receipt
- Application fee
- Proof of extreme hardship
- Sworn statement from the qualifying relative
- Copy of Form I-797
- Proof of relationship to qualifying relatives
- USCIS receipt number for an approved I-130
- Consular case number
Once the NVC receives all required documents, it will review and decide whether you qualify for a provisional unlawful presence waiver. You must show that it would cause extreme hardship for your qualifying relative – not you – if you were prevented from returning to the United States. Approval is not guaranteed, which is why you should always work with a qualified family-based immigration attorney in Florida to submit the necessary evidence and attachments.
Obtaining I-601A Approval and Departing the United States
If the NVC approves your I-601A application, it will schedule your immigrant visa interview in your home country. Your final immigration interview is generally scheduled at the nearest U.S. consulate or embassy to your ‘home’ location.
If you were born in Mexico, for example, you will likely be scheduled for an interview in the U.S. Consulate in Ciudad Juárez, where you should plan to spend at least one week. You must also attend an approved medical examination in your home country at least three days before your interview. Your provisional waiver takes effect upon your departure for your interview and remains in effect throughout the interview process.
I-601A and Visa Interview Lawyers in Florida
It’s a waiting game after filing your I-601A. During this time, you should work with an experienced family-based immigration attorney from Robert M. Bell P.A. Our dedicated immigration lawyers can help eligible petitioners file an I-601A and submit all necessary supporting evidence. They might also help you plan your trip once approved, gather all essential immigrant documentation, and prepare for your final visa interview. Call (954) 241-4209 or connect with us online to schedule a confidential immigration case review.