1. What is the USCIS Case Status for Form I-601A?

The USCIS Case Status for Form I-601A, also known as the Application for Provisional Unlawful Presence Waiver, is used to track the progress of an individual’s application. This status can be checked online through the USCIS website or by calling the USCIS customer service number.

2. How long does it take to process a Form I-601A?

The processing time for a Form I-601A can vary depending on various factors such as the volume of applications being received, complexity of the case, and the workload of USCIS officers. On average, it takes around 6 to 9 months for USCIS to adjudicate a Form I-601A application.

3. What happens after my Form I-601A is approved?

If your Form I-601A is approved, you will receive an approval notice from USCIS. This means that you have been granted a provisional waiver of unlawful presence and are eligible to apply for an immigrant visa at a US consulate or embassy abroad.

4. Can my Form I-601A be denied?

Yes, your Form I-601A can be denied if you do not meet all eligibility requirements or if USCIS determines that you do not warrant a waiver based on your individual circumstances.

5. Can I appeal if my Form I-601A is denied?

There is no formal appeals process for denial of a Form I-601A. However, you may choose to file a motion to reopen or reconsider with additional evidence or information in support of your waiver request.

6. Do I need an immigration attorney to file Form I-601A?

It is not required to have an immigration attorney when filing form I-601A, but it is highly recommended due to the complexity and importance of this application. A qualified immigration attorney can help ensure that your application is complete and accurately reflects your individual circumstances, increasing your chances of success.

7. What is the difference between Form I-601A and Form I-601?

Form I-601A is used to apply for a provisional unlawful presence waiver while still in the US, before departing to attend an immigrant visa interview abroad. Form I-601 is used to apply for a waiver of inadmissibility on various grounds, such as criminal or immigration violations, while outside of the US.

8. Can I work while my Form I-601A is pending?

No, you cannot work in the US while your Form I-601A application is pending unless you have been granted authorization to work by USCIS through another valid employment authorization document (EAD).

9. Can I travel outside of the US while my Form I-601A is pending?

Yes, you can travel outside of the US while your Form I-601A application is pending, but it comes with risks. If you leave the US before your application is approved, it will be considered abandoned and you may not be able to return to the US.

10. How do I know if my case status has been updated for my Form I-601A?

You can check the status of your form by using the USCIS Case Status Online tool or by calling USCIS customer service at 1-800-375-5283. You will need your receipt number to check your case status. Additionally, if you have an online USCIS account, you can sign up for email or text message updates regarding your case status.

2. How long does it take to receive a decision on an I-601A application?

On average, USCIS takes approximately 4-6 months to make a decision on an I-601A application. However, processing times can vary depending on the individual circumstances of each case and workload at USCIS. It is important to note that this timeline does not include any additional time for the required biometric appointment and potential delays due to COVID-19. It is recommended to check current processing times on the USCIS website for the most accurate estimate.

3. What are the eligibility requirements for an I-601A waiver?

To be eligible for an I-601A waiver, the applicant must meet the following requirements:

1. Be physically present in the United States at the time of filing the waiver.
2. Be at least 17 years old.
3. Have an approved immigrant visa petition (Form I-130) from a qualifying family member, such as a spouse or parent.
4. Have a case pending with the National Visa Center and have paid all required fees.
5. Be able to demonstrate extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent if the waiver is not granted.
6. Not have already been scheduled for an immigrant visa interview at a U.S. embassy or consulate abroad.
7. Not have any other grounds of inadmissibility that would require a different waiver.
8. Not have any prior removal (deportation) orders, unless they have received permission to apply for a waiver from the Immigration Judge handling their case.

It’s important to note that meeting these requirements does not guarantee approval of the waiver, as each case is evaluated on an individual basis by USCIS. It’s recommended to seek guidance from an experienced immigration attorney before filing for an I-601A waiver to ensure eligibility and increase chances of success.

4. Can I track the status of my I-601A case online?

Yes, you can track the status of your I-601A case online at the USCIS website. You will need to create an account and login to the USCIS Case Status Online tool using your receipt number. This will provide real-time updates on the status of your case, including when it is received, processed, or approved.

5. What happens if my I-601A application is denied?

If your I-601A application is denied, you may be able to file a new application or appeal the decision. It is important to carefully review the denial notice to understand the reasons for the denial and determine the best course of action. You may also want to consult an immigration attorney for guidance on how to proceed.

In some cases, a denial may not have any further options for relief and you may need to explore alternative paths for obtaining lawful status. This could include finding another eligible family member or employer who can sponsor you, or seeking protection through other forms of relief such as asylum or cancellation of removal.

It is important to note that if your I-601A application is denied, any unlawful presence that has accrued since your most recent entry into the U.S. will resume and you could potentially face deportation. It is crucial to seek legal advice and consider all available options before proceeding with any actions after a denial.

6. Is there a fee for filing Form I-601A?

Yes, there is a filing fee for Form I-601A. As of 2021, the filing fee for this form is $930. You may also be required to pay an additional biometric services fee of $85 if you are between the ages of 14 and 78. However, USCIS may waive these fees if you can demonstrate that you cannot afford to pay them. You can check the USCIS website for updated fee information.

7. Can I file for an I-601A waiver outside of the US?

No, the I-601A waiver can only be filed from within the United States. It is intended for individuals who are already residing in the US and are eligible for a green card through a family member or employer but are barred from obtaining one due to unlawful presence. Additionally, filing the waiver requires that you attend an interview at a US consulate abroad, which can only be scheduled after it has been approved.

8. Does my spouse or child need to be a US citizen or permanent resident to support my I-601A application?

No, your spouse or child does not need to be a US citizen or permanent resident to support your I-601A application. They may provide evidence of their relationship with you and any hardship they would face if you were unable to immigrate to the US. However, their legal status is not a requirement for a successful I-601A application.

9. Do I need to attend an interview for my Form I-601A application?

No, you do not need to attend an interview for your Form I-601A application. The U.S. Citizenship and Immigration Services (USCIS) will review your application and other supporting documents to make a decision on your waiver request. However, USCIS may schedule an interview if they need additional information or clarification regarding your case. In this case, you will be notified of the interview date, time and location.

10. If my case was approved, what is the next step in the process?

The next step is to wait for the USCIS to mail your Permanent Resident Card (also known as Green Card) to the address you provided on your application. If you have not received your card within 30 days of approval, you can contact USCIS customer service for assistance. You should also attend a naturalization ceremony if you are applying for citizenship through naturalization.

11. Can I travel outside of the US while waiting for a decision on my I-601A case?

Yes, you can travel outside of the US while waiting for a decision on your I-601A waiver case. However, keep in mind that if you travel back to your home country, you may trigger the unlawful presence bars and be unable to re-enter the US for three or ten years, depending on how long you were unlawfully present. It is recommended to discuss any international travel plans with an immigration lawyer before making any trips.

12. What documents do I need to submit with my Form I-601A application?

The following documents are typically required to be submitted with a Form I-601A application:

1. Form I-601A, Application for Provisional Unlawful Presence Waiver
2. Copy of the approval or pending approval of an immigrant visa petition (i.e. Form I-130, Petition for Alien Relative)
3. Evidence of the applicant’s relationship to the qualifying relative in the United States (i.e. marriage certificate or birth certificate)
4. Evidence of the qualifying relative’s U.S. citizenship or lawful permanent resident status (i.e. copy of passport, naturalization certificate, or green card)
5. A completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (if represented by an attorney)
6. A copy of a government issued identification document with photo and signature (i.e. passport, driver’s license)
7. Evidence of any previous immigration applications or petitions filed by the applicant or their qualifying relative
8. A detailed personal statement from the applicant explaining why they believe they deserve a waiver
9. Supporting documentation that explains and proves the extreme hardship their qualifying relative will suffer if the waiver is not granted
10.Necessary filing fees

13. Is there a deadline for submitting Form I-601A?

Yes, there is a deadline for submitting Form I-601A. The applicant must submit the form after they have received notification from USCIS to do so, and within one year of receiving the notification. Failure to submit the form within this deadline may result in the denial of the waiver application.

14. How can I check the processing times for Form i-602a applications?

You can check the estimated processing times for Form I-602A on the USCIS website.
Go to the USCIS website and click on “Check Processing Times” under the “Resources” section. From there, select “Asylum Affirmative Asylum Processing Time Reports” and then select “I-602A Application for Prosecutorial Discretion Request.” The processing time will vary depending on the specific field office where your application is being processed.

15. Can multiple grounds of inadmissibility be addressed in one Form I-601A application?

Yes, multiple grounds of inadmissibility can be addressed in one Form I-601A application if they are all related to the same underlying reason for inadmissibility. For example, if a person is deemed inadmissible due to both unlawful presence and criminal convictions, these can be addressed together in one Form I-601A application as they both stem from the person’s previous immigration violations. However, if the grounds of inadmissibility are unrelated (e.g. unlawful presence and health-related grounds), separate Form I-601A applications may need to be filed for each ground.

16. Will USCIS send me a notification when a decision has been made on my case?

Yes, USCIS will send you a notification when a decision has been made on your case. This may be in the form of an approval or denial letter, or through updates on your online account if you filed electronically. If your application is approved, USCIS will also provide instructions on next steps, such as obtaining your green card or scheduling an interview.

17.Through what means will USCIS contact me regarding any updates on my case?

USCIS may contact you through mail, email, or phone regarding any updates on your case. It is important to ensure that the contact information provided on your application is accurate and up-to-date to prevent any delays in receiving important notifications from USCIS. Additionally, you can also create an online account on the USCIS website to receive updates and track the status of your case.

18.Can an approved i-602a waiver cover future grounds of inadmissibility?

No, an approved I-602A waiver only covers the specific grounds of inadmissibility that it was granted for. If a person becomes inadmissible for a different reason in the future, they would need to apply for a new waiver.

19.How long does it take for USCIS to receive and review form i0601a?

The processing time for Form I-601A depends on various factors such as the current caseload at USCIS, the completeness of the application, and any requests for additional evidence. On average, it takes between 4-6 months for USCIS to receive and review Form I-601A. However, this may vary from case to case. Applicants can check the current processing times on the USCIS website for a more accurate estimate.

20.How do changes in personal circumstances affect the status of an i0601a application?

Changes in personal circumstances can affect the status of an i0601a application in several ways:

1. Change in eligibility: If there is a change in personal circumstances that affects your eligibility for the program, your application may be rejected or put on hold until you provide updated information and documentation.

2. Delayed processing: Any significant changes to your personal information, such as address, contact details, or marital status, will need to be updated in your application. This can cause delays in processing as the information needs to be verified.

3. Reassessment of income or assets: Changes in personal circumstances that affect your financial situation, such as a job loss or increase in income, may require a reassessment of your income and assets. This could result in a change in your eligibility for the program or the amount of assistance you receive.

4. Reapplication: If there are significant changes to your personal circumstances after submitting an i0601a application but before receiving a decision, you may need to reapply with the updated information.

5. Incomplete documentation: Changes in personal circumstances may also require additional documentation to support your application. Failure to provide this within a certain timeframe may result in rejection of your application.

It is important to keep the relevant authorities informed about any changes in personal circumstances to ensure that your i0601a application is processed accurately and timely.