The Provisional Waiver Form was created because of a new rule the Department of State set early this year. Eligibility for the I-601A begins with specifics about the Family-based Green Card petition. Find out if you are eligible to file for Form I-601A with our free I-601A eligibility quiz!
The Family-based Green Card
Getting a Green Card through family is possible through various categories:
- Immediate relatives of U.S. citizens
- Family members of U.S citizens who are in preference categories
- Family members of Green Card holders
- Members of special categories like battered spouses and children and widowers of U.S. citizens
When applying for a Green Card, the applicant can, if eligible, apply while remaining in the U.S. This is a process called Adjustment of Status. When an applicant is not eligible, he or she has to return to the country they are from to have their immigration interview. This is a process called consular processing.
Those applicants who are over the age of 18 and have spent more than six months in the country without any authorization can be subject to restrictions that would not allow them to promptly get back to the U.S. Under certain circumstance these restrictions may be waived.
Out of the Green Card through family categories mentioned above, only the immediate relatives of U.S. citizens are eligible for the I-601A, provisional waiver. The provisional waiver modifies current Form I-601 to allow those who are eligible to apply for a waiver prior to leaving the U.S. for the visa interview. The waiver must be filed; otherwise, the applicant could be forced to stay away from their families for 3-years or 10 years. The 3-year bar is applied to a person who has been living illegally in the U.S. for more than 6 months but less than one year. The 10-year bar is applied to a person who has been living illegally in the U.S. for more than one year.