PROVISIONAL WAIVER EFFECTIVE MARCH 4, 2013
PROVISIONAL UNLAWFUL PRESENCE WAIVER (I-601A)
If you entered without Inspection or are otherwise ineligible for Adjustment of Status and are subject to the 3 year/10 year bar if you leave the US, you may be eligible for your “Green Card” at a US Embassy overseas.
You are eligible for a provisional waiver if:
1. You are physically present in the United States;
2. You are at least 17 years of age at the time of filing;
3. You are the beneficiary of an approved immigrant visa petition classifying you as the immediate relative of a U.S. Citizen;
4. You have an immigrant visa case pending with the U.S. Department of State, for which you have already paid the immigrant visa processing fee; and
5. You believe you are, or will be at the time of the immigrant visa interview, inadmissible based on having accrued a certain period of unlawful presence in the United States (http://www.uscis.gov/files/form/i-601ainstr.pdf).
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