I-601A Waivers
The U.S. immigration process can be daunting, especially for those who are barred from entering due to unlawful presence, criminal convictions, and other immigration violations. Fortunately, certain waivers exist that can help overcome these barriers and reunite families. One such waiver is the Form I-601A, which allows certain eligible applicants to apply for an unlawful presence waiver before departing the United States for consular processing of their visa applications. In this blog post, we’ll take a closer look at I-601A waivers, including who qualifies for them, what the processing times and prerequisites are, and what the current filing fees are.
Who Qualifies for an I-601A Waiver?
To apply for an I-601A waiver, you must be an immediate relative of a U.S. citizen or lawful permanent resident (LPR). Qualifying relatives for I-601A waivers include only spouses and parents (minor children do not count). Your qualifying relative must be able to demonstrate they will experience extreme hardship if you are not allowed to enter the United States or are required to remain outside the United States for 10 years or more. Additionally, you must currently reside in the United States and have a pending immigrant visa case with the Department of State. You must also have an approved I-130 (Petition for Alien Relative) and I-864 (Affidavit of Support), and you must be able to demonstrate that you would be eligible for a waiver of inadmissibility based on unlawful presence. Please note that I-601A waivers only waive the 3-year and 10-year bars; if you are inadmissible for any other reason you may require a separate or additional waiver.
What are the Typical Processing Times?
The processing time for I-601A waivers used to be as little as three months; now, it is typically in excess of 2 years, though various immigration attorneys around the country have been able to speed up processing times through mandamus lawsuits. Processing times can vary depending on the complexity of the case, the number of applications received, and whether additional information is requested by immigration officials. It is important to note that you cannot leave the United States until the waiver is approved. Typically, after the waiver is approved, you will need to schedule and attend an interview at a U.S. embassy or consulate abroad, where a consular officer will make a final determination on your visa application. If everything goes well, you will reenter the United States a week or two after your interview as a lawful permanent resident.
What are the Prerequisites for Filing an I-601A Waiver?
To file an I-601A waiver, you must first file Form I-130 with USCIS. Once this form is approved, you must pay various visa fees and demonstrate that you are either: (1) not currently in removal proceedings, or (2) your removal proceedings are “administratively closed.” After you have completed these steps, you can file Form I-601A and provide evidence that you meet all the eligibility requirements for the waiver. If your waiver is approved, you will still need to attend an interview at a U.S. embassy or consulate abroad, where you will be required to provide additional documentation and information to support your application.
What are the Current Filing Fees?
As of 2021, the filing fee for the I-601A waiver is $630 with an $85 biometric fee for a total fee of $715. This fee is subject to change, so it is important to check the USCIS website for the most up-to-date information. In addition to the filing fee, you may also have to pay fees for other services, such as visa application fees, medical exams, and attorney’s fees.
The I-601A waiver can be a crucial lifeline for families facing immigration barriers and hardships. However, the process can be complex, time-consuming, and costly. It is important to consult with an experienced immigration lawyer to understand your eligibility, navigate the application process, and increase your chances of success. With patience, preparation, and persistence, you can overcome the challenges of immigration and build a better future for yourself and your loved ones.
