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.)