Jump to Navigation
Practice Areas

I-601A: Proposed Provisional Unlawful Presence Waivers

The United States Citizenship and Immigration Services (USCIS) has issued a process whereby immediate family members of United States citizens can obtain a provisional waiver, known as an I-601A waiver, of their unlawful presence ground of inadmissibility, without first leaving the United States. Previously, immediate relatives of United States citizens could apply for an unlawful presence waiver, but were required to depart the United States and wait abroad while their waiver was being processed. Because of extended processing times, this has caused United States citizens excessive and unnecessary hardships while waiting for their loved ones who are overseas. As of January 3, 2013, USCIS has issued a final rule permitting provisional waivers for unlawful presence to be filed while immediate family members of United States citizens remain in the United States. Because USCIS will adjudicate provisional waivers in the United States before the immediate relative departs, I-601A waivers will significantly shorten the time spent abroad, reuniting families much more quickly than was possible under the old system. Those who are approved for an I-601A waiver will only need to return to their home country to seek an immigrant visa and subsequent admission into the United States. The amount of time they will have to spend outside the United States should be relatively short.

An immediate family member of a United States citizen may seek a provisional waiver on on or after March 4, 2013 if he or she:

  • Is physically present in the United States; Is at least 17 years of age;
  • Has an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a United States citizen;
  • Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
  • Is not subject to any other grounds of inadmissibility other than unlawful presence; and
  • Can demonstrate that a refusal of admission would cause extreme hardship to a United States citizen spouse or parent.

An immediate family member of a United States citizen would NOT be eligible for the proposed process if he or she:

  • Has an application already pending for adjustment of status to lawful permanent resident;
  • Is subject to a final order of removal or reinstatement of a prior removal order;
  • Is inadmissible to the United States for reasons other than unlawful presence;
  • Has been scheduled for an immigrant visa interview at a United States Embassy or Consulate abroad prior to January 3, 2013.

Because of the greater processing capacity in the United States, and fewer case transfers between USCIS and Department of State, I-601A waivers will significantly reduce waiting times abroad, and immigrant visas will be issued without unnecessary delay. To speak to an experienced and dedicated immigration attorney about your immigration goals, including whether you qualify for an I-601A waiver once the proposed provisional waiver process has been approved, we invite you to contact May Law Group at our Pittsburgh Office (412-291-4400), our Philadelphia Office (215-880-4977) or our New York City Office (347-839-1700), or find us online at www.mayvisalaw.com. May Law Group offers free consultations to foreign nationals seeking legal representation. We have represented clients nationally and worldwide and have a track record of winning some of the most difficult cases in immigration law. Our legal team is led by Attorney Valerie May; a Pennsylvania Super Lawyer. You may email Attorney May at vmay@maylawgroup.com.

Contact an Immigration Lawyer in Pittsburgh or Philadelphia, Pennsylvania, New York

To speak to an immigration attorney about your immigration goals, including obtaining an I-601immigration waiver in Pittsburgh, Philadelphia, Pennsylvania, West Virginia, Ohio, New Jersey, Virginia, Maryland, New York or anywhere in the United States, we welcome you to contact an immigration lawyer online or call 412-291-4400 | 215-880-4977 | 347-839-1700. Free consultations are available. We represent clients throughout the United States, including Pittsburgh and Philadelphia, Pennsylvania, West Virginia, Western Pennsylvania, Eastern Ohio, Allegheny County, and worldwide in Korea, Africa, India, and Pakistan.

From offices in New York City, and Pittsburgh and Philadelphia, Pennsylvania, we represent clients throughout the United States, including Pittsburgh and Philadelphia, Pennsylvania, West Virginia, Western Pennsylvania, Eastern Ohio, Allegheny County, and worldwide in Korea, Mexico, Africa, India, and Pakistan.

Call or send an email for a free consultation. 412-291-4400 - Pittsburgh, 215-880-4977 - Philadelphia, 347-839-1700 - New York Atlanta - 404-736-9195
Contact Us, Complete the form below to speak to one of our immigration law attorneys.

Bold labels are required.

Contact Information
Contact and Address Information

May Law Group, LLC
Pittsburgh Office
One PPG Place
Suite 1600
Pittsburgh, PA 15222
Phone: 412-291-4400
Toll-Free 1-877-LAW-USIM
Facsimile: 412-291-4401
Map & Directions

MAY LAW GROUP, LLC
PHILADELPHIA OFFICE
1515 Market Street,
Suite 1200 
Philadelphia, PA 19102 
Phone: 215-880-4977
Map & Directions

MAY LAW GROUP, LLC
NEW YORK CITY OFFICE
830 Third Avenue,
5th Floor
New York, NY 10022
Phone: 347-839-1700
Map & Directions

From offices in New York City, and Pittsburgh and Philadelphia, Pennsylvania, we represent clients throughout the United States, including Pittsburgh and Philadelphia, Pennsylvania, West Virginia, Western Pennsylvania, Eastern Ohio, Allegheny County, and worldwide in Korea, Africa, India, and Pakistan.