Articles Posted in I-601A Provisional Waivers

In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.


Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.

You can express your interest, or schedule an appointment by emailing us at We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.

Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.

Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.

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In this segment, attorney Jacob J. Sapochnick discusses the I-601A waiver and when it may be used to legalize a foreign spouse. In this case the foreign spouse was removed for a 3-year period.

For more information about the I-601 and I-601A waivers please click here.

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Entered the country illegally and now married to a US Citizen? Watch the video below for more information on the possibility of applying for a green card.

– There is a big difference in having entered the United States illegally and entering the country legally but remaining in the United States past your authorized stay as indicated on your visa

– The process outlined in this video outlines information to be followed if you entered the US without inspection after April 2001; before this date section 245 of the law can be used to adjust status in US

– In 2013 a new waiver was introduced allowing aliens to seek a pardon if the only offence is an overstay

If you are ready to get started please call our office.

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In this video, we cover a successful I-601A Waiver case. For legal advice please visit us at

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In this video, Attorney Jacob J Sapochnick, Esq.,  discusses President Obama’s executive order on Immigration.

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

These initiatives include:

Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years

Allowing parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks

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In this video, Attorney Jacob Sapochnick Esq,  will explain how to legalize an illegal spouse.

For more information and eligibility questions please contact our office.  Remember to follow us on FacebookYoutubeTwitter, and Instagram 


In this video, Attorney Jacob Sapochnick Esq,  will explain the I-601A waiver process for a spouse that is outside of  the United States.

Who is not eligible to apply for a provisional waiver in the United States?
According to the new rule, the following persons are not eligible to apply for a provisional unlawful presence waiver:

If the applicant is under 17 years old; if the applicant is in removal proceedings, unless the removal proceedings are administratively closed and have not been recalendared at the time of filing the Form I-601A, if the applicant is subject to a Provisional Unlawful Presence Waiver; If USCIS has reason to believe that the applicant may be subject to any other grounds of inadmissibility other than unlawful presence; if the applicant is subject to a final removal order or a final order of exclusion or deportation; if the applicant is subject to reinstatement of a prior removal order; if the applicant does not have a case pending with the Department of State, based on the approved immediate relative petition, or has not paid the immigrant visa processing fee;  if the Department of State initially acted to schedule the immigrant visa interview prior to January 3, 2013 for the approved immediate relative petition on which the provisional unlawful presence waiver is based, even if the interview has since been cancelled or rescheduled after January 3, 2013; (NOTE: The actual date and time that the alien is scheduled to appear for the interview is not relevant for the eligibility determination. This rule applies even if the alien failed to appear for his or her interview, cancelled the interview, or requested that the interview be rescheduled.) if the applicant has a pending Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. (NOTE: Individuals who are eligible to obtain LPR status while inside the United States through the adjustment of status process do not need the provisional unlawful presence waiver. The provisional unlawful presence waiver is only valid for the purpose of seeking an immigrant visa outside the United States.)

For more information and eligibility questions please contact our office.  Remember to follow us on FacebookYoutubeTwitter, and Instagram 


Filing Tips with the kind sharing of Laurel Scott, Esq:
1. The first thing the form asks for is an alien number. Most applicants won’t have an alien number unless they’ve been placed in proceedings. If you’re unsure, look at the I-130 approval notice. If the alien has an alien number, it is usually above the alien’s name.

2. For question 2, if the applicant does not have a Valid social that actually belongs to him/her, leave blank. If the applicant was ever issued a Valid social – e.g. as a child or when in lawful status – that social still belongs to the applicant even if he/she goes out of status, and should be listed on the form.

3. Part 2, question 1. If you’ve re-filed your I-130, use the most recent receipt number. For question 4, use the NVC case number associated with the most recent I-130. If you re-filed, you have to wait for the new I-130 to be approved.

4. Part 2, question 5. The answer should always be ‘no’. If the answer is ‘yes’, you’re not eligible. If you re-filed the I-130 and the new one hasn’t been sent to the consulate, then your answer is ‘no’, even if the old was was scheduled.

5. Parts 4 and 5. Don’t try to write your ‘letters’ or ‘briefs’ in that space. The instructions say you can write “see attached”.

6. Page 2 of the instructions solves the problem of leaving while the case is administratively closed. The instructions say that if you are in proceedings and get the provisional waiver approved, approach EOIR about getting proceedings terminated (not just administratively closed) before you depart.

7. Don’t forget to include a copy of the NVC IV Bill receipt and the I-130 approval notice. If you don’t have the I-130 approval notice, they will accept a copy of the online case status showing the case was approved.

8. The instructions say they will accept photocopies of items. IMHO they still want original letters, but they want to be clear that they are not sending you anything back, so don’t ask.

9. Checks will be processed electronically so if you want your payment to have the receipt number on the back as a secondary way of getting your case number (in case receipt notice doesn’t arrive), I recommend using a money order.

The new provisional unlawful presence waiver process is for certain individuals who seek a waiver of inadmissibility only for unlawful presence. They can now apply for a provisional unlawful presence waiver while in the United States and before departing for their immigrant visa interview at a U.S. Embassy or Consulate abroad. Learn more in this Video.

Jacob Sapochnick appeared on the popular Radio Show Midday Edition with host Maureen Cavanaugh discussing the new I-601A waiver policy.

A change in immigration policy that may seem minor to most Americans, is likely to have a major impact of tens of thousands of families across the nation.

The new rule, that takes effect this March, will make it easier for undocumented spouses and children of U.S. citizens to wait for green cards here in the U.S., rather than back in their home country.

Jacob Sapochnick, a San Diego immigration attorney, says in order to obtain a waiver, the applicant must demonstrate their absence would cause “extreme hardship” to a qualifying relative such as a spouse or parent who is a U.S. citizen.

The policy is designed to help keep families together, while the often long process of documentation is completed.

Click here to listen to the show on the left of the page there is a player