I-601A Provisional Waiver Lawyer
Help for Families Facing Consular Processing and Unlawful Presence Issues
If you are not eligible to apply for a green card inside the United States, you may need to leave the country for consular processing. For many families, the greatest fear is that a spouse or loved one will attend a consular interview abroad and then be unable to return because of the three-year or ten-year unlawful presence bar.
An I-601A provisional waiver, also known as a provisional unlawful presence waiver, may help certain applicants request a waiver before leaving the United States for their immigrant visa interview.
At Bankston Immigration, we help families understand whether the I-601A waiver process may be the right strategy, what risks may apply, and how to prepare the strongest waiver package possible.
How Our Office Can Help
An I-601A waiver is not just a simple form filing. It is a document-heavy and strategy-heavy process that requires careful preparation.
Our office can help with:
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Evaluating whether the I-601A process may be the right strategy;
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Reviewing your immigration history and possible risks;
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Coordinating the family petition, waiver, and consular processing steps;
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Identifying and organizing extreme hardship evidence;
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Preparing declarations and supporting documents;
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Submitting the waiver package; and
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Helping your family understand the process, timeline, and risks.
Our goal is to help you make informed decisions and prepare the strongest possible waiver strategy for your family.
Who Is the Qualifying Relative?
For an I-601A provisional waiver, the extreme hardship must generally be shown to a qualifying U.S. citizen or lawful permanent resident spouse or parent.
Hardship to children may still be important, but usually through how that hardship affects the qualifying spouse or parent. This is one of the most misunderstood parts of the waiver process, and it is important to prepare the evidence carefully.
Immigration Waiver Help in English and Spanish
Bankston Immigration assists clients with family immigration, waivers, and consular processing. Our office serves clients in the Bay Area and beyond, and we are available to help families in both English and Spanish.
If your family is worried about consular processing, unlawful presence, or the possibility of being separated after an immigrant visa interview, we can review your situation and explain your options.
Schedule a Consultation
Contact our office to review whether an I-601A provisional waiver may be the right strategy for your family.
What Is an I-601A Provisional Waiver?
The I-601A waiver is designed for certain immigrant visa applicants who may trigger an unlawful presence bar when they leave the United States for consular processing.
This process may be especially important for people who:
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Entered the United States without inspection;
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Are not eligible to adjust status inside the United States;
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Have an approved or available immigrant visa path;
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Must complete consular processing abroad;
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May trigger the three-year bar or ten-year bar after leaving the United States; and
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Have a qualifying relative who would suffer extreme hardship if the waiver is denied.
Every case is different. An attorney can help review your immigration history, family situation, and possible risks before deciding whether this process is appropriate.
Contact Us
Address
10837 San Pablo Ave., El Cerrito, CA, United States, California
Contact
510-542-2900
Opening Hours
Monday
11:00 am – 6:00 pm
Tue - Fri
9:00 am – 6:00 pm