01/04/2023
The main benefit of an I-601A Waiver compared to an I-601 Waiver.
INTRODUCTION: Under the prior law an undocumented person that entered illegally or remained past the visa date (unless an immediate relative) may not apply for adjustment of status and become lawful permanent resident unless they return to their home country and reenters properly. The big drawback with this scenario occurs when the undocumented resident remained in the U.S. illegally for any period greater than six months. In such a case, they are subject to the 3/10-year bar to re-entry. This means that they will have to remain abroad, anywhere between three to ten years unless the U.S. citizens are granted a waiver. The catch is that the original waiver (I-601) can only be filed after the undocumented spouse leaves the U.S. The processing time for these waivers can take over a year; a long time to separate families
But with the new 601A Waiver (The provisional unlawful presence waiver) allows certain people who only need a waiver of inadmissibility because they were unlawful present to apply for that waiver in the United States before they depart for their immigrant visa interview. This new process was developed to shorten the time that U.S. citizens are separated from their relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.
If the waiver were approved, the applicant would be given a temporary waiver but still would have to return to his country to apply for the permanent resident visa (green card) to return to the United States.
The best part is that the applicant only remains out of the country for about 3 weeks.
