I-601A Waiver of Inadmissibility

Are you subject to the 10-year ban? We can help!

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Pricing

10 payments of $500

Or flat rate $5,000

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* Our representation includes the preparation and submission of all applications and documents necessary to obtain your waiver. This includes a psychological evaluation from a licensed psychologist. We will also schedule consular processing and personally prepare you for your consular interview.

Overview

The U.S. Department of Homeland Security has issued a new rule that will help many families legalize their status. Starting March 4, 2013, certain relatives of U.S. citizens will be eligible to have their waiver cases decided before they leave the U.S. for their immigrant visa interview. The goal of the change is to reduce the time that U.S. citizens are separated from their immediate relatives and to lower the risk that the applicant will be denied reentry into the U.S

People who enter the United States without being “inspected” by a U.S. immigration officer are generally not able to obtain permanent residence while in the U.S, unless that person falls under the narrow 245(i) exception. Thus, most people who enter without inspection must leave the U.S. and complete the process for their permanent residency at the U.S. consulate abroad.

A 1996 change in immigration law created what are known as the “unlawful presence bars." Leaving the U.S. to pursue residency turned into applicants being denied entry into the United States for 3-10 years.

Waivers of the 3-10 year bars are available only to people who can show that either their U.S. citizen or resident spouse or parents will suffer “extreme hardship” should they be denied reentry into the U.S. Before the new provisional waiver change, applicants had to exit the U.S. and submit this difficult waiver while they were outside of the country, away from their family. The length of time families were broken apart was far too long. If the waiver applications were denied, the family member was stuck outside the U.S for 3-10 years.

The new provisional waiver change will greatly reduce the separation from family members. Under the new change, applicants may submit their waiver application while remaining here inside the United States. If the waiver is approved (the greatest challenge of this process), they may continue with their residency application. If it is denied, they may resubmit the application until they get an approval. Once approved, they will have an interview at the American consulate in their home country. Since the waiver is already approved, the trip back home be a very short one and the risk of being barred reentry is greatly reduced. Because this process still requires one to exit the country, it is imperative to obtain legal representation from a qualified immigration attorney to make sure the applicant will come back – and soon.

Benefits

  • Complete the Waiver process while inside the United States
  • No need to be separated from your family while the Waiver application is processed
  • Avoid the 10-year penalty
  • When your Waiver is approved, you will be on your way to become a lawful permanent resident within a manner of months!

Eligibility

Who Is Eligible For The New Provisional Waiver?

An applicant will be eligible for a stateside I-601A waiver if the applicant:

  • Has an I-130 approved as an immediate relative;
  • Is inside the United States;
  • Is age 17 or older,
  • Can prove that their U.S. citizen spouse or parent will suffer extreme hardship (note that hardship to children is not considered).

Who does not qualify for a Provisional Waiver?

An individual is not eligible for a stateside I-601A waiver if he or she:

  • Was convicted of a crime or engaged in conduct that makes him or her inadmissible into the U.S.;
  • In in removal proceedings (unless it is administratively closed);
  • Has an outstanding order of removal;
  • Has a permanent ban on their record; or
  • Was scheduled prior to January 3, 2013, for a consular interview on the immediate relative petition that is the basis for the provisional waiver application.

Process

Provisional Waiver Process

From start to finish, waiver cases typically take approximately 12-18 months to complete. If you are eligible for a provisional waiver almost all of these steps will be taken while you are inside the United States. You will only need to exit the country for your interview once your I-601A is approved. The following steps are involved in a waiver case:

  • File Form I-130;
  • While I-130 is being processed, begin preparation of Form I-601A Waiver of Inadmissibility;
  • Complete Psychological Evaluation;
  • Pay AOS/IV fees;
  • Submit I-601A Waiver Packet;
  • Upon I-601A Approval, submit Form DS-260 and Affidavit of Support Documents;
  • Schedule Immigrant Visa Consular Appointment
  • Attend Immigrant Visa Interview;
  • Obtain Lawful Permanent Residency

Why Choose ImmigrateFast

Why Hire ImmigrateFast?

Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and their families. Unfortunately, most waivers adjudicated by DHS and DOS are based on loose discretionary standards with a wide berth of judgment left to the examining officer. Therefore, preparing a compelling waiver brief with extensive supporting documentation, and knowing how to most effectively present this to U.S. immigration authorities, is absolutely critical to the success of the waiver.

Immigration law is one of the most complex areas of law. Having ImmigrateFast.com represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.

Our attorneys are completely dedicated to the field of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.

Some other notable reasons are:

Value. We believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Higbee & Associates, you will never be surprised when you see your bill.

Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Higbee & Associates, you will never be left wondering, “What is my attorney doing?”

Personal Service. We take our clients seriously. We listen to their concerns and advise them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.

Hire us, and we will get it right the first time!

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I-601A Waiver of Inadmissibility Our Law Firm Typical Law Firm
Price * $5,000 $7,500
Includes Full Representation Yes No
Flat-Fee Contracts Yes No
In-House Psychological Evaluation Yes No
Zero Interest Payment Plans Yes No
Price-Match Yes No
24-Hour Case Status Updates Yes No
Specialize in Immigration Yes No
Top-Rated Attorneys Yes No
Award-Winning Customer Service Yes No

* Our representation includes the preparation and submission of all applications and documents necessary to obtain your waiver. This includes a psychological evaluation from a licensed psychologist. We will also schedule consular processing and personally prepare you for your consular interview.

Frequently Asked Questions

Who does not qualify for a Provisional Waiver?

An individual is not eligible for a stateside I-601A waiver if he or she:

  • Was convicted of a crime or engaged in conduct that makes him or her inadmissible into the U.S.,
  • In in removal proceedings (unless it is administratively closed),
  • Has an outstanding order of removal,
  • Has a permanent ban on their record, or
  • Was scheduled prior to January 3, 2013, for a consular interview on the immediate relative petition that is the basis for the provisional waiver application.

Who is Eligible for a Provisional Waiver?

An applicant will be eligible for a stateside I-601A waiver if the applicant:

  • Has an I-130 approved as an immediate relative;
  • Is inside the United States;
  • Is age 17 or older,
  • Can prove that their U.S. citizen spouse or parent will suffer extreme hardship (note that hardship to children is not considered).

Does an applicant need an attorney to help file for the waiver?

Applying for a green card through this process will require the person to submit forms and paperwork at three different stages: (1) the immediate relative petition state (I-130), (2) the waiver application state, and (3) the consular processing stage, which includes an interview. While each case is different, the waiver application will be the most complicated part of the process for most applicants. Proving that a family member will suffer “extreme hardship” is a challenging task that involves a thorough review of that family’s financial, medical, and mental heath states and histories. An attorney can help you assess whether there are any other issues that might prevent you from being able to return to the U.S if you use this process to apply for a green card. If you need legal assistance, consult only with a qualified immigration attorney.

Read more FAQ about our I-601A Waiver of Inadmissibility service.