Quick Answer: What Happens After I 601 Waiver Is Approved?

Can you appeal a waiver denial?

If USCIS denies a waiver application, the governing regulation may provide that the applicant may appeal the denial.

The officer must specify in the decision letter if the applicant may: File an appeal.

Therefore, USCIS issues a new decision on the waiver application following a successful motion..

What is unlawful presence waiver?

The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that …

What is Form I 601a used for?

Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B), before departing the United States to appear at a …

What percentage of I 601 waivers are approved?

79.6%The average approval rate for I-601 waivers is 79.6% (for a total of 51,628); The average denial rate is 20.4% (for a total of 13,198);

Can my immigrant visa still be denied if I have the i601a approval?

Even after the provisional waiver is granted by USCIS, however, the U.S. embassy or consulate could deny your immigrant visa and green card for reasons other than your unlawful presence. … In such a case, unless you qualify and apply for an additional waiver, your immigrant visa will be denied.

What is the difference between 601 and 601a?

Form I-601 is the Application for Waiver of Grounds of Inadmissibility. Form I-601A is the Application for Provisional Unlawful Presence Waiver. Here is the main difference between the two: One is filed outside of the U.S., I-601, and the other is filed while in the U.S., I-601A. Take our free I-601A eligibility quiz!

Is there a waiver for misrepresentation?

The 212(i) waiver of inadmissibility for fraud or willful misrepresentation of a material fact is only available where an applicant demonstrates that a U.S. citizen or lawful permanent resident spouse or parent would face “extreme hardship” if he or she is removed from or denied a visa to enter the United States.

What happens if my waiver is denied?

If your request for a provisional waiver is rejected, but you want to move forward with the immigrant visa application process, you may depart the United States and have your immigrant visa interview at a U.S. consulate or embassy in your home nation. You may then request a waiver of inadmissibility with Form I-601.

How can I check the status of my i 601 waiver?

You may check the status of your Form I-601 application online by entering the USCIS receipt number into the “Case Status” field located on the USCIS home page. Also, when the NSC makes a decision on your application, the NSC will send you a decision notice at the address you provided on your Form I-601 application.

Why is my i 601a taking so long?

However, as of October 2020, it is common for I-601A waivers to be in process for longer than one year. This is likely due to the pandemic and slower overall processing by USCIS. … Schedule a consultation today to review the best practices for preparing this kind of immigration waiver.

What is a waiver for immigration?

An Immigration waiver is a “pardon” for a specific immigration violation. For example, when a person is applying for a US visa or a green card, an Immigration (or consular) officer has to determine if the person violated the US or other laws and is inadmissible. … This waiver exception is automatic.

How long does it take to get an interview after waiver approval?

In addition, DOS estimates that it will schedule the applicant for an immigrant visa interview within 2 to 3 months after approval of the provisional unlawful presence waiver and the applicant’s submission of the required immigrant visa processing documents to DOS.

Who qualifies for I 601 waiver?

In order to qualify for the I-601 Waiver, you must have at least one qualifying relative through which you are making your claim for the waiver. K visa applicants are exempted from this requirement. In lieu of a qualifying relative, the K visa applicant must only demonstrate that the petitioner is an American citizen.

How long does it take for a medical waiver to be approved?

A general rule of thumb in this area is that it takes 3 days to review the first 5 pages and then 1 day for each additional 5 pages. It’s not an exact science but it should give you an idea of how long a prescreen should take. If it gets sent up beyond that it could take a little longer.

How do I know if my immigrant visa is approved?

To check the status of your immigrant petition: If your petition has not yet been approved by USCIS, please visit the USCIS website. You must enter your application receipt number, which is a 13-digit receipt number starting with EAC, WAC, LIN or SRC, followed by numbers.

Why would a I 601 waiver get denied?

One of the most common reasons that U.S. immigration authorities deny an I-601 waiver application is insufficient evidence of extreme hardship. Sometimes this is simply due to the applicant not having submitted enough convincing documentation.

What is Form I 601 immigration?

I-601, Application for Waiver of Grounds of Inadmissibility. … If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.

What qualifies as extreme hardship for immigration?

The “extreme hardship” must be to a qualifying immediate family member who is a U.S. citizen or lawful permanent resident (“green card” holder). Depending on the waiver being sought, a qualifying family member is usually defined as a spouse and, in most cases, a parent or child.