Immediate relatives of US citizens who have overstayed their non-immigrant visas and who have accumulated a certain period of unlawful presence in America, can file Form I-601A, Application for Provisional Unlawful Presence Waiver, while in America and obtain unlawful presence waivers and apply for immigrant visas. Immediate relatives of US citizens who are in the United States and who are looking forward to become lawful residents, can apply for and receive waivers while in America and then return to their home countries for consular processing. Spouses, parents and children of US citizens, who have accrued unlawful presence in America, can apply for this waiver while in America and they need not return to their home countries to file applications. This waiver will help the individuals who are inadmissible into the country due to unlawful presence. Such immediate relatives of US citizens may not be separated from their US citizen relatives for a long time as they just need to travel to their home countries to appear for immigrant visa interviews and to get their visas. However, this process will only shorten the time the immediate relatives are separated from their US citizen family members and it will not change the immigrant visa process.
Who is Eligible for this Waiver?
Immediate relatives of US citizens must meet few eligibility requirements in order to become eligible for provisional unlawful presence waivers. They cannot file Form I-601A, if they are minors and only the immediate relatives of US citizens who are above age 17 can apply for waivers. Likewise, waivers may not be granted to the relatives who belong to the preference categories and this provisional unlawful presence waiver is meant only for the immediate relatives of US citizens. Moreover, Form I-130 filed on behalf of the applicants must not be pending and the immediate relatives of US citizens cannot apply for waivers, if immigrant visa interviews were scheduled for them before 3rd January, 2013. If the applicants are inadmissible into America for some other reason other than unlawful presence, they cannot apply for this waiver. Applicants must also establish that their US citizens relatives would suffer extreme hardship if they are separated from them.
Filing Form I-601A
If you believe that you are eligible for an unlawful presence waiver, you may file Form I-601A and you will have to use the edition of the form bearing the date 03/04/13 and mail it to the Chicago Lockbox facility. The form filing fee is $585 and you must also pay $85 for biometric services, along with the form filing fee. The form is self explanatory and you can complete Form I-601A online, on your computer and you may print the completed form and mail it with the relevant supporting documents and the exact form filing fees to the right service center. See to that you do not skip important parts of the form and that you do not leave the form fields blank. Incomplete forms will be returned and remember that you cannot file Form I-601A concurrently with any other form.