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The 1-601A provisional waiver streamlines the process for unlawful alien spouses of United States Citizens to obtain lawful permanent residence status without being outside the United States for a lengthy period of time.

Prior to the utilization of the I-601A waiver in March of 2013, the process for an individual that was not in lawful status due to overstaying their Visa and was married to a U.S. Citizen was quite cumbersome. First, the U.S. citizen spouse needed to apply for their unlawful alien spouse to become a lawful permanent resident.  The unlawful alien spouse was required to return to their home country to wait for approval and complete a Visa interview at the consulate.  Simultaneously, the return trip home would trigger the immigrant’s “unlawful presence bar” on re-entering the U.S. since they had overstayed their Visa. If they were unlawfully in the country in excess of six months but less than one year, they would have a 3-year bar on reentering the country.  If the individual were unlawfully present in the United States in excess of one year, they were subject to a 10 year bar.

The new I-601A waiver allows the unlawful alien spouse to file petitions to lift the “unlawful presence bar” from the U.S.  The unlawful alien spouse must complete an interview at the consulate in their home country; however, they are permitted to remain in the United States pending approval of the application.

Here are some other important rules surrounding eligibility for the I-601A:

• The waiver is available for spouses and family members of U.S. citizens only, not lawful permanent residents.
• The waiver is not available for those illegal immigrants who are inadmissible on other grounds, such as a criminal offense or a removal proceeding.
•  Children must be under 21 and unmarried to qualify for the waiver.
• Immigrants who have scheduled their Visa interviews before the rule took effect are ineligible for the waiver.

At Gardi, Haught, Fischer & Bhosale LTD, we offer assistance with the filing of I-601A waivers and other immigration matters.  We can guide you through the filing process for legal status in the United States. Please contact us at 847.944.9400 to discuss your case.

Client Testimonials

Эрлан Токолов

Профессионалы своего дела!

Kevin Wesling

I just wanted to share that I had an excellent experience with Gardi, Haught, Fischer, & Bhosale and more specifically Thomas Haught. Everything went great and I am even more convinced that one does not need a real estate agent to buy a house when you have a good lawyer!

Mahmoud Faisal Elkhatib

Our team partnered with Gardi, Haught, Fischer, & Bhosale LTD. on a recent transaction, and we appreciated their dedication and professional approach to closing the deal. We’re looking forward to more successful collaborations ahead

Jimmy Su

We just had great experience with Tom Haught and his paralegal Courtney Kropf. The communication is clear and fast. All emails were replied within 30 minutes. We will definitely work with Tom Haught again.

Sagar Kanabar

Jeannette Gonzales

Was recommended to them from my company. They did an excellent job and always answered all my questions. Were always upfront with all things and made sure I understood everything that was explained to me.

Ardus

We used the law firm during the sale of our house. We dealt with Mr Haught and Courtney, who made the process very smooth. They were professional, yet very friendly to deal with.I would not hesitate to recommend them to my family and friends.

vanissa colaco

Our immigration experience with Ann Fischer has been amazing! She has been meticulous, organized and worked on our case in a timely manner. Ann and her team went above and beyond to address all of our concerns and provide a personalized support which made a significant difference during our stressful time.I highly recommend her services to anyone seeking legal representation for their immigration matters.

Mike and Keeley Aulert

We have used Tom Haught for two home purchases and one sale over the years and continue to be impressed by his professionalism, responsiveness, and thoroughness. Reasonable pricing too. Highly, highly recommended.

Waseem Chaudhry

Gardi, Haught is one of professional firm, I have been with G&H since last 8 years in all legal matters.RegardsWaseem Chaudhry

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