Trying to get a green card in the U.S.? For some hopeful immigrants, Form I-601A is an important part of the process. This waiver helps you avoid long waits outside the country while getting visa paperwork sorted.

LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.

5 Steps to Take When Filing For I-601a

Government forms aren’t always easy to handle alone. That’s why working with a New York immigration lawyer at McBean Law is so important. They can guide you through each step. Here’s what to expect:

Step 1: Make Sure You’re Eligible

You can only use Form I-601A if you’re currently in the U.S. without legal status, a relative filed an approved immigrant petition for you, you only need a waiver for being here unlawfully for over 180 days, and if getting denied would cause extreme hardship for your spouse or parent who is a U.S. citizen.

Ask your lawyer to check if you meet all the requirements first.

Step 2: Get All Your Application Documents Ready

To apply, you’ll need to put together your completed Form I-601A as well as a copy of the approved I-130 or I-140 immigrant petition.

In addition to this, you will need to provide proof of your relationship to the relative who filed for you, two identical passport photos of yourself, proof of filing fees or a request to waive them, and letters or records showing extreme hardship if denied.

A lawyer can make sure your I-601A paperwork is done right.

Step 3: Send the Completed Application

Once your immigration lawyer says it’s ready, they’ll mail the application to the correct USCIS address. USCIS will review it and let you know their decision. If approved, you get provisional waiver before leaving for visa processing.

Step 4: Attend Your Visa Interview Abroad

After getting I-601A approval, you’ll have to leave the U.S. for your visa interview at a consulate. Bring the approval notice to the interview as USCIS instructed.

The consular officer decides if you can get an immigrant visa.

Step 5: Return to the U.S. as a Lawful Permanent Resident

With visa approved, you can legally come back to the U.S. When entering, show your immigrant packet to U.S. Customs. The waiver allows quick return without bans for unlawful presence.

FAQs:

1. What are the eligibility requirements for Form I-601A?

You must:

• Currently live in the U.S. without lawful status
• Have an approved immigrant petition from a relative
• Only need a waiver for over 180 days of unlawful presence
• Show extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent

2. What documents must be included with the I-601A application?

You need:

• Completed Form I-601A
• Copy of approved immigrant petition
• Proof of relationship to qualifying relative
• Two identical passport photos
• Filing fees or fee waiver request
• Evidence of extreme hardship

3. Can I file Form I-601A myself?

You can, but consulting an immigration lawyer is highly recommended. The process is complicated. A lawyer can help ensure you establish eligibility and submit a complete application.

4. What happens after I-601A approval?

After getting approved, you must:

• Leave the U.S.
• Attend visa interview at a consulate abroad
• Return to the U.S. legally as a permanent resident once visa is approved

5. How long does USCIS take to process Form I-601A?

Current processing time is about two years. Delays vary by service center and other factors. A immigration lawyer can provide guidance on timelines and possibly expedite the process.

Consult an Immigration Attorney 

Filing I-601A takes care. An immigration attorney can guide you through the process correctly. They’ll help get your application approved so you can come back to the U.S. faster.

LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.