I-601A Provisional Waiver: A Guide for New York Employers 

With the inflow of talent into the United States from various countries around the world, employers are seeking ways to ensure their non-resident staff have a chance at returning to the country either permanently or for a longer duration.

As an immigrant, it may not be easy to return to New York if you overstay your visa. Your application will most likely be labeled inadmissible by the U.S. authorities and could terminate every chance of returning to NY and the job you acquired during your stay. But there’s good news—the form I-601A provisional waiver can help return without hindrances to the US.

The I-601A is provided to help individuals who have overstayed their visa but have close relatives who are permanent residents or U.S. Citizens. Employers can take advantage of provision to retain quality talents in their business, this is why our immigration lawyer in New York, Attorney Eliud Zavala, has provided this guide to help New York employers determine if their clients or staff are eligible for a waiver, the filing fees, processing times, and what they should expect after their I-601A is approved.

What Is the I-601A Provisional Waiver?

The I-601A is a form designed to grant certain immigrants in the U.S. to apply for a provisional waiver of unlawful presence. It serves as a means to seek pardon for overstaying one visa before leaving the country to apply for a US Green Card. 

Generally, if you have an employee or client who has been in the U.S. unlawfully, leaving the country could trigger a return ban that could last on their visa, which could last three to ten years. The I-601A provisional waiver can help avoid this ban, showing that your employees’ absence can cause detrimental effects to your business as well as their U.S. Citizen spouse or parent. 

As soon as the waiver is approved, your employees can comfortably return to their home country and attend their green card interview, knowing they’ll be allowed to return to the U.S. to join their families and continue with their jobs.

Eligibility Requirements for I-601A Provisional Waiver

If your employee is seeking to return to New York when they leave and want to avoid a travel ban on returning, the I-601A waiver is essential. Here are a few requirements that can make them eligible for I-601A:

  • You’re at Least 17 Years Old: To be eligible to file an I-601A, you need to be at least 17 years old at the time of your application.
  • You’re in the U.S.: It’s pertinent that you’re present in the U.S. when filing the I-601A.
  • You Have Pending Immigrant Visa Case: An important requirement is that you should have a pending immigrant visa case with the U.S. Department of State. This indicates that you have a family member, more likely a U.S. citizen (parent or spouse) who has petitioned for you, and your visa case is gaining traction.

How to Apply for an I-601A Provisional Waiver in New York

To correctly  apply for a I-601A provisional waiver, here are crucial steps to follow and understand carefully, so you can have a successful application: 

Step 1: Fill Out the Form

Start by carefully going over the form, and take note of the information you need to fill in before you begin. You’ll need to answer all questions thoroughly and accurately, and if a question doesn’t pertain to you, simply write N/A.

Step 2: Submit Supporting Documents

You’ll be required to provide supporting documents with your application. This primarily includes evidence of financial stability, proof of relationship to your U.S citizen or green card-holding parent or spouse, and other essential documents.

Step 3: Pay the Application Fee

Pay the application fee and ensure you attach proof of payment to your submission. This is necessary to process your waiver request.

Step 4: Attend an Interview

As part of the process, you may be required to attend an interview, which may be conducted at a U.S. embassy or consulate. 

Step 5: Wait for a Decision

After submitting your application, the USCIS will review it, and a final decision will be made. If your waiver is approved, you can then apply for your green card through a consular outside New York.

How Our Zavala Immigration Lawyer Can Help

Our skilled immigration lawyers are here to help simplify your provisional waiver process here in New York. We’ll help you accurately complete the application process and gather the evidence to ensure your application is successful. Book a consultation with us today, and let’s review your case and provide guidance on the I-601A provisional waiver.