Persons attempting to file immigration petitions for relatives might feel confused when trying to understand various legal statutes. New Jersey residents may review information about the provisional unlawful presence waiver but not fully understand whether they need to apply for one. Learning more about the waiver seems advisable when a relative remained in the United States illegally, as the unlawful presence could complicate the visa application process.
Seeking a waiver under applicable immigration law
The waiver focuses on visa applicants who are immediate relatives of United States citizens. Immediate relatives are the citizens’ children, parents and spouses, and they may need to apply for a waiver before leaving the U.S. to participate in a consular interview. The waiver addresses the applicants who are eligible for a visa but are not present in the United States lawfully. Per the law, the unlawful presence must be more than 180 days to necessitate the waiver.
The form associated with the waiver is the I-601A. Applicants must fill out the application accurately and completely, or they may face delays or other problems.
Submitting the application to USCIS
The person filing this family immigration petition waiver might not know what supporting documentation must accompany the mailing. The application must go to the appropriate Citizen and Immigration Services offices for processing. Reading the application’s instructions might be advisable for those unsure of the requirements.
Applicants must understand there is a filing fee associated with the submission. Not providing the necessary fee means the form won’t be processed.
Those wishing to know if the form was accepted would have to file another form. The form tells USCIS to send a notification to the applicant.