The Waiver I-601
The USCIS (U.S. Citizenship and Immigration Services) is working on implementing a plan to reduce the time that inadmissible alien relatives of certain U.S. Citizens (USC) must spend abroad and away from their families when attempting to seek a waiver of certain grounds of inadmissibility.
The Current Law
Generally, persons who are unlawfully present in the U.S. for more than six months are subject to a three year bar to re-entering and up to a ten year bar for those unlawfully present for over one year. In certain cases, some can seek to have their grounds for inadmissibility waived; hence, the term "waiver." If an USC spouse or parent of the alien can prove they would experience undue hardship as a result of the alien family member's absence, an application to waive the three to ten year bar to re-entry can be submitted at the appropriate U.S. Embassy or immigration consulate office abroad. The process can take several months, and during this time period, the alien must stay abroad and may not return to the U.S.
Extended Absence from the Family
The absence of the immigrant family member during these several months can and often does wreak havoc on the U.S. Citizens who remain behind in the U.S.A. Often the immigrant is the primary financial provider for the entire family.
An example would be an immigrant father who is working several jobs as the sole provider for his U.S. Citizen wife (who is a diabetic) and children. Without his presence, the family would be homeless and his wife would not have access to her medication. In other words, people will needlessly suffer due to the inefficient and overly burdonsome system!
While it is true that being away from one's family for several months is much better than the alternative of three to ten years, the family member's absence during the several months can and does take its toll on families. That is why the procedural changes have been proposed and should become law soon.
The Proposed Law - I-601 Provisional Waiver
The proposed law would allow the immigrant to submit his application to waive the three to ten year bar to re-entry without having to leave the country for several months. If the waiver is approved, the immigrant would simply return to his country of origin for his final interview, get his papers in order, and return the same day.
The results are profound; families stay together and the process is completed without imposing unnecessary and avoidable hardships.
We are hoping the new laws will go into effect this year. Until then, it may be wise to get the process started under the existing waiver to at least get the ball rolling and get your place in line.
Be Aware of Scams!
Unauthorized practitioners of immigration law may try to fool you into giving them money by promising to file a provisional waiver. Do not be fooled! The law is not yet in effect! The USCIS will advise us with a final ruling in the Federal Register when the law goes into effect. Check this link for more details: I-601 Provisional Waiver Is Not in Effect.
Are You Eligible?
Contact ILA today to see if you eligible for a waiver under the existing laws and under the laws as proposed. ILA offers a free consultation to determine your eligibility.
