Shihab Burke LLC Immigration Lawyers helps families file I-601A and I-601 waivers when a past problem blocks a relative’s green card. Our Columbus waiver lawyers identify the problem, help clients gather hardship evidence, and prepare the waiver. From our offices in Columbus and Dublin, Ohio, we serve families in the Columbus area, throughout Ohio, and across the United States.
Highlights
- A waiver is the government’s forgiveness of a legal problem that blocks a visa or green card.
- Leaving the United States after unlawful presence can trigger a 3-year or 10-year bar.
- USCIS decides the I-601A provisional waiver before the relative leaves for the visa interview. The waiver takes effect only after the relative leaves, attends the interview, and the consular officer finds the relative otherwise eligible for the immigrant visa.
- The I-601 waiver covers more problems, such as fraud and certain crimes.
- Most waivers require proof of extreme hardship to a U.S. citizen or green card holder spouse or parent.
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What Is an Immigration Waiver?
An immigration waiver is the government’s forgiveness of a ground of inadmissibility. A ground of inadmissibility is a legal reason a person cannot receive a visa or green card. Common examples are time spent in the United States without legal status, fraud or false statements to get an immigration benefit, and certain crimes.
Our Approach
Before your relative leaves the United States, we review the entire immigration history for every possible problem, so your family is not surprised at the consular interview.
“…went much deeper than expected to get the evidence for eligibility and filed our MTR with confidence, getting my case approved.”
— Google review
Talk with a Columbus waiver lawyer: 866-665-0001.
What Are the 3-Year and 10-Year Bars?
The 3-year and 10-year bars apply to people who accrued unlawful presence in the United States and then left. Unlawful presence generally means time in the United States after an authorized stay has ended, or after entering without permission. Unlawful presence is not always the same as being out of status. Some time does not count, such as time while the person was under 18, and other periods set by law.
- 3-year bar: more than 180 days but less than one year of unlawful presence, followed by a voluntary departure before removal proceedings began
- 10-year bar: one year or more of unlawful presence, followed by departure or removal
The bar starts when the person leaves the United States, including leaving for an immigrant visa interview. A waiver can forgive the bar.
I-601A or I-601: Which Waiver Applies?
The I-601A and the I-601 are different waivers. The main differences are:
| Question | I-601A Provisional Waiver | I-601 Waiver |
|---|---|---|
| What does it forgive? | Only the 3-year and 10-year unlawful presence bars | Unlawful presence, fraud or misrepresentation, certain crimes, and other grounds |
| When is it filed? | Before the relative leaves the United States for the visa interview | Usually after a consular officer finds the relative inadmissible, or with a green card application in the United States |
| Where does the relative wait? | In the United States, with the family | Often abroad, after the interview |
| Who is the qualifying relative? | A U.S. citizen or green card holder spouse or parent | Depends on the ground; for some crimes, a U.S. citizen or green card holder child may also count |
What Is an I-601A Provisional Waiver?
An I-601A provisional waiver is a waiver of the 3-year or 10-year bar that USCIS approves before the relative leaves the United States for the immigrant visa interview. The approved waiver takes effect only after the relative leaves the United States, attends the interview, and the consular officer finds the relative otherwise eligible for an immigrant visa. Because the relative files Form I-601A from inside the United States and waits for the decision at home, the time the family is apart is much shorter.
A relative may qualify for an I-601A waiver if:
- The relative is in the United States and has an approved family petition and a pending immigrant visa case
- Unlawful presence is the only problem; the I-601A does not forgive fraud, crimes, or other grounds
- Refusing the waiver would cause extreme hardship to the relative’s U.S. citizen or green card holder spouse or parent
After USCIS approves the I-601A, the relative attends the immigrant visa interview abroad. If the consular officer finds another ground of inadmissibility, the provisional waiver can be cancelled.
After filing, USCIS schedules a biometrics appointment for fingerprints and a photo. A decision on the I-601A often takes many months after the biometrics appointment, and USCIS posts current processing times on its website.
What Is Extreme Hardship?
Extreme hardship means hardship greater than the normal sadness and difficulty of family separation. USCIS looks at all factors together. Common factors include:
- Serious health conditions of the qualifying relative and access to treatment
- Financial loss, debts, or loss of a job or business
- Caring for children, elderly parents, or other family members
- Danger or poor conditions in the relative’s home country
- Education and career disruption
- Strong family ties in the United States
Each factor needs documents, such as medical records, financial records, and country reports. Hardship to the applicant alone generally does not count.
Which Problems Cannot Be Waived?
Some grounds of inadmissibility cannot be waived. Examples include most false claims to U.S. citizenship and most drug crimes, other than a single offense of simple possession of 30 grams or less of marijuana. A person who returned or tried to return to the United States without permission after certain immigration violations may face a permanent bar. A person in any of these situations should talk to a lawyer before taking any step.
A relative who was deported or removed may also need Form I-212, Application for Permission to Reapply for Admission, in addition to a waiver.
What Are the Government Fees for Waivers?
We update this information regularly, but government filing fees have changed frequently in recent years. The amounts below are provided for general information only and should not be relied on for a filing. For every case we file, our office calculates the applicable government fees and informs the client of the exact amounts at the time of filing.
The main government fees for waivers are:
| Form or Service | Government Fee |
|---|---|
| Form I-601A, Application for Provisional Unlawful Presence Waiver | $795 |
| Form I-601, Application for Waiver of Grounds of Inadmissibility | $1,050 |
Current amounts are listed on the USCIS fee schedule (Form G-1055) and on the Department of State’s Fees for Visa Services page.
How Our Columbus Waiver Lawyers Help
Our attorneys build waiver cases on detailed evidence. We:
- Identify every ground of inadmissibility before the relative leaves the United States
- Choose the right waiver and the right timing
- Work with you to gather and organize hardship evidence, including medical, financial, and country records
- Prepare the hardship statement and supporting declarations
- Prepare the relative for the immigrant visa interview after the waiver is approved
Our attorneys review the facts and the evidence and recommend filing when we believe the case is well supported. Before a waiver is filed, we review the relative’s entire immigration history. This includes, for example, every entry and exit, any past visa refusals or false statements, and any arrests. A problem found only at the consular interview can cancel a provisional waiver, so a complete review matters. We also build the hardship evidence and explain the risks that remain. Our goal is to keep your family together through the process.
Every family case is different. At the consultation, we review your situation, explain what our representation will cover, and quote a fee. Most cases are handled for a flat fee.
Frequently Asked Questions About I-601A and I-601 Waivers
How long does an I-601A waiver take?
I-601A processing times change often and can be a year or longer. The relative stays in the United States while USCIS decides the waiver.
Do U.S. citizen children count as qualifying relatives for an I-601A waiver?
No. For an I-601A waiver, only a U.S. citizen or green card holder spouse or parent counts as a qualifying relative. Hardship to children can still matter if it causes hardship to the spouse or parent.
Can someone who entered without inspection get a green card through marriage?
Often, yes, through consular processing with an I-601A waiver, if unlawful presence is the only problem. The waiver is filed before the relative leaves for the interview.
What happens if an I-601A waiver is denied?
If an I-601A waiver is denied, the relative may file a new I-601A with stronger evidence. The relative should not leave the United States for the interview without an approved waiver unless a lawyer advises it.
Can a waiver be filed for fraud or a false statement?
Yes, in many cases, using Form I-601. The applicant must show extreme hardship to a U.S. citizen or green card holder spouse or parent. Most false claims to U.S. citizenship cannot be waived.
+1 (866) 665-0001Schedule Consultation
Related Videos and Articles
- If Your Provisional Waiver Is Denied (article)
- Consular Processing vs. Adjustment of Status: Which Is Right for You? (video)
Talk With a Columbus Waiver Lawyer
Our Columbus office is at 4449 Easton Way #200, Columbus, OH 43219. Our Dublin, Ohio office is at 565 Metro Pl S #100, Dublin, OH 43017. Both offices are open by appointment only, Monday through Friday, 9 a.m. to 5 p.m.
Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
