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Posted by Hani Khoury | Apr 06, 2023 | 0 Comments

Immigrants who would otherwise be denied green cards because they are "inadmissible" for having spent time in the U.S. illegally are eligible for a significant waiver. It makes use of Form I-601A and is intended to support family harmony while lowering the uncertainty and risk associated with the previous waiver application process (Form I-601).  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.

This article is provided only for informational purposes and does not constitute legal advice. If you require legal advice, please contact our office.

About the Author

Hani Khoury

HANI KHOURY is a partner and founding member of the law firm of Awad & Khoury, LLP. He is a graduate of Colgate University and New York Law School. He was admitted to the bars of New Jersey and New York in 1992 and 1993 respectively. Mr. Khoury is always ready to tackle heavily involved cases in ...


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