Miami Immigration Waiver Attorneys

At Colombo & Hurd, our Miami immigration lawyers assist our clients with a variety of immigrant waivers. Since March, 2013 most of the waivers filed by our attorneys have come in the form of the I-601A domestic provisional waiver. Essentially, the I-601A provisional waiver is a rule change to the I-601 hardship waiver which is also still utilized today. While there are a number of distinctions the primary one is that the provisional waiver allows an applicant to apply for the waiver while within the United States and remain in the United States during the processing of the waiver. This allows the applicant to avoid the many months of waiting for a waiver to be decided while out of the country and further reduces the risk the impact of a denial could cause.

The provisional waiver is available to immigrant visa applicants who are the immediate relatives of a US citizen or permanent green card holder (spouses, children and parents), and have been unlawfully present in the United States. The applicant must be able to show that without the waiver, their spouse, child or parent would suffer extreme hardship. Notably, the legal standard to demonstrate “extreme hardship” under immigration jurisprudence is higher than one might expect.

Information About the I-601A Professional Waiver

USCIS began accepting I-601A provisional waivers on March 4, 2013 for the purpose of preventing applicants from being separated from their family during the application process. Immediate relatives of US citizens are now able to apply for a waiver and await the decision while they are in the United States. They will only be required to leave for their immigrant visa interview abroad at a United States Embassy or Consulate if the waiver is approved.

The fee for filing an application for a provisional unlawful presence waiver is $585 and the fee for biometrics is $85 for a total of $670. The filing fees are non-refundable. There is no fee waiver available for the filing of a provisional unlawful presence waiver. If a provisional unlawful presence waiver request is ultimately denied, there is no appeal of the denial. However, the applicant may file a new Form I-601A if the applicant believes there might be additional evidence to establish his or her eligibility for the waiver.

Speak With an Experienced Miami Immigration Lawyer

We recommend that you consult with an experienced immigration waiver attorney before filing a provisional unlawful presence waiver. Please feel free to contact our office for a consultation and allow our experienced Miami immigration attorneys to assist you with the determination of whether you may wish to consider filing an I-601A provisional waiver.

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