Consular Processing

I-601A Provisional Unlawful Presence Waiver

Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of US citizens can apply for provisional unlawful presence waivers before they leave the United States to consular process. The new process, instituted by President Obama, is expected to shorten the time US citizens are separated from their immediate relatives while those family members are obtaining immigrant visas.

Under the existing I-601 extreme hardship waiver process, which remains in effect, immediate relatives cannot apply for a waiver until after they have appeared for an immigrant visa interview abroad. Under the I-601 process, the consular officer could make a decision on the I-601 at the interview, or could retain the case for further review, which could last months. Meanwhile, the family would remain separated until the consular officer approved the case.

If the I-601A waiver is approved, the alien must still depart the US to attend the consular interview. The main advantage of the I-601A process is that the alien will know beforehand whether the waiver case will be approved at the consulate. At the Department of State consular interview, the interviewing officer must still determine whether the alien is admissible.

The I-601A Provisional Unlawful Presence Waiver is more exclusive than the standard I-601 in several respects. First, the I-601A only applies to aliens who are inadmissible based on unlawful presence. If an alien is inadmissible due to a criminal conviction, the I-601A will not help. Second, the I-601A must be physically present in the US at the time of filing the I-601A with USCIS. Third, the I-601A is decided by USCIS. The I-601 is decided by the Department of State. Fourth, and possibly most importantly, I-601A applicants get only one chance for approval. If an I-601A is denied by USCIS, the applicant cannot refile; therefore, it is imperative that the applicant present the most compelling case possible. I-601 applicants can apply for I-601s as many times as they want, so many applicants try to file the I-601 by themselves. Then, if denied, they hire an attorney. This is not the case with I-601A. You must compile a persuasive set of evidence to convince USCIS that your loved one would experience extreme hardship that rises above the level normally expected in family separation situations. There is no appeal or motion to reconsider option for I-601A cases.

"First I would like to say I had given up all hope till I met with Jay Nuñez. He was up front and a straight shooter from the beginning.

My wife is a Colombian National who had come to America on a fiancé visa to marry a different man things did not work out and they split, she was supposed to leave the country but ended up staying fast forward a year later we met and 2 years later married we were married 5 years before trying to adjust her status. Jay handled everything like a pro his team is the best in the business and were always there to answer questions and keep us updated. This is not a easy process dealing with a American embassy in a foreign country specially with a bad overstay and a 10 year ban. Its a very difficult thing to fix so be patient there are ways to make it as fast as possible we never had to resend any paperwork everything was done right the first time. I was very nervous about hiring a attorney but Jay soon made me a believer. My wife and I strongly recommend this firm for all Immigration needs just be patient and provide all information to the best of your knowledge to help your case. We are thankful to God & Nelson & Nuñez, PC."

-Mr. and Mrs. Rouse
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FAMILY BASED SERVICES

N-400 Naturalization Application
I-130 Visa Petition Process
Fiance Visa
I-485 Adjustment of Status
INA 245(i) Adjustment of Status
K-3 Visas
Same Sex Marriage
Visa Interviews at Consulate
Extreme Hardship Waiver
I-601A Provisional Unlawful Presence Waiver
Fraud Waivers
I-751 Removal of Conditions on Green Card
U Visa - Victim of a Crime
T Visa - Human Trafficking Victim
Deferred Action for Childhood Arrivals 
I-730 Form: Petition for Relative Living Abroad
Reinstating Visa Petition Due to Deceased Petitioner
Visa Delays, Denials & Appeals

I want to thank Mr. Jay Nunez for helping me to get my green card, my husband and I have tried for almost 5 years to get it back so we could be in the United States together. My visa was taken away by officials at the United States-Mexico border nearly five years ago, soon after we applied for a fiance visa and got denied twice. Since then we have tried everything to get it back even my consulate tried to help but nothing worked. We had a previous lawyer who didn't care about our case and tried to charge outrage sums of money for no results. Now that we've worked with Jay we've seen the difference a good immigration attorney can make. Jay was professional, honest, kind, caring, and was fully dedicated to doing whatever it took to resolve our case. Ever since my visa was taken away it has been a nightmare for my husband, myself and for our families, Jay's dedication and kindness has made all the difference to us. We can't recommend him enough.

God bless you.
- Patty S