Skip to main content
The Law Offices of Ricky Malik, P.C.

Provisional Stateside Waiver

If you need to head back to your home country for a visa interview, you’ll need a provisional stateside waiver to make sure you can come back to the United States. Fortunately, the team at The Law Offices of Ricky Malik, P.C. can help. We’re ready to use our 20+ years of experience to get you the security you need. Read on to see why the I-601A waiver is so important, and contact us to get started.

Provisional Stateside Waiver

Your visa is your ticket to a fresh start in the United States. However, many people end up in the US unlawfully before applying for a visa, and if they want to go through the immigration process legally, they’ll have to return to their home country and apply for a visa through an American consulate.

Unfortunately, this leads to a tricky situation: It’s important to apply for a visa through an American consulate. But if it’s discovered that you had previously unlawfully lived in the United States, you may be barred from re-entering the US for up to 10 years. In a way, trying to go through proper legal means ends up punishing you.

This is why it’s so important to get a provisional stateside waiver. When you’re in possession of the I-601A waiver, you won’t risk being barred from re-entry. This waiver allows you to return to your home country, apply for a visa through the American consulate, and be relatively unaffected by the time you may have spent unlawfully residing in the United States.

We say “relatively unaffected” because it still takes quite a bit of effort to apply for the I-601A waiver. You’ll need to provide evidence that you need the waiver so you can return to the United States: This usually means proving that you’d be in danger or face extreme hardship by being barred re-entry. Plus, there’s always the risk that your application will be denied.

You need a stateside unlawful presence lawyer to help you through the process. The right legal team can make sure your previous immigration history won’t interfere with your immigration application when you commit to filing through a US consulate. And when you look for I-601A provisional waiver help, you’re protecting yourself from being barred from re-entry.

There are a lot of immigration lawyers out there, so it’s hard to find the best choice for your needs. Our recommendation? Always check a firm’s experience.

Why Experience Matters In Provisional Stateside Waiver Cases

At The Law Offices of Ricky Malik, P.C., our experience sets us apart from the competition:

  • We have over 20 years of experience helping clients like you get the results you deserve. We’ll help you through your waiver application, and help you avoid common pitfalls.
  • Ricky Malik, Esq. has appeared on national television and the Washington Post as an advocate for immigrant rights. You’ll get the same level of compassionate care from our team.
  • We assist clients with a wide range of immigration services, including stateside waivers, changes of status, and naturalization. We can help you every step of the way.

Contact Us Today

Don’t leave your re-entry up to chance. Contact The Law Offices of Ricky Malik, P.C. today, and see how a provisional stateside waiver lawyer from our team can help.

Understanding the Provisional Stateside Waiver

The path to lawful permanent residence in the United States can be complex, particularly for individuals who face potential inadmissibility due to previous unlawful presence. The Provisional Stateside Waiver, formally known as the I-601A waiver, is a critical tool that allows certain individuals to apply for a waiver of the unlawful presence grounds of inadmissibility while still in the United States. This process significantly reduces the time that applicants need to spend away from their families compared to the traditional waiver process.

Eligibility Criteria for the Provisional Stateside Waiver

To be eligible for a provisional stateside waiver, an applicant must meet several specific requirements. First and foremost, the applicant must be an immediate relative of a U.S. citizen, which typically includes spouses, children under the age of 21, and parents of U.S. citizen petitioners over the age of 21. The applicant must also have an approved family-based immigrant visa petition, indicating that a visa is available. Crucially, the only ground of inadmissibility that the waiver can cover is unlawful presence in the United States for more than 180 days.

Provisional Stateside Waiver

One of the key benefits of the provisional stateside waiver is that it allows individuals to wait for a decision about their waiver application while in the U.S., rather than having to leave the country and endure prolonged separation from their family during the process. If the waiver is approved, the applicant must leave the U.S. to attend a visa interview at a U.S. embassy or consulate abroad. However, the time abroad is significantly shortened, reducing emotional and financial strain on families.

Application Process for the Provisional Stateside Waiver

The process for applying for a provisional stateside waiver involves several detailed steps. After ensuring eligibility, the next step is to file Form I-601A, Application for Provisional Unlawful Presence Waiver. This form must be accompanied by evidence that denial of the waiver would result in extreme hardship to the U.S. citizen spouse or parent; hardship to children is not considered under current guidelines.

The concept of ‘extreme hardship’ is pivotal in the application process and can be challenging to prove. It typically requires showing that the U.S. citizen relative would suffer significantly in terms of financial, emotional, medical, or educational consequences if the waiver is not granted and the applicant cannot remain in the U.S. We at The Law Offices of Ricky Malik, P.C., help our clients gather comprehensive documentation and build a compelling case to meet this high standard.

Why Choose Ricky Malik, Esq. for Your Provisional Stateside Waiver Needs

Handling a provisional stateside waiver application requires a deep understanding of immigration law and a thoughtful approach to case preparation. At The Law Offices of Ricky Malik, P.C., we have a strong track record of successfully assisting clients with their waiver applications. Our team provides personalized attention to each case, ensuring that all paperwork is completed accurately and all necessary evidence is compiled to support the claim of extreme hardship.

We understand the emotional weight that the waiver process can carry for families. Our commitment is to provide you with reliable support and professional guidance throughout the entire process, helping to minimize stress and uncertainty.

If you or a loved one needs assistance with a provisional stateside waiver, we invite you to reach out to us. Let us help you manage this challenging process with confidence and care. Contact The Law Offices of Ricky Malik, P.C. today to schedule a consultation and take the first step towards securing your family’s future in the United States.

Additional Information

Hear From Our Client Community

Focused on Clear Solutions Our firm is committed to simplifying your immigration process

Mr. Malik has always been a tireless advocate for the rights of immigrants in the United States, and has aggressively and relentlessly advocated on behalf of countless businesses and individuals.

Talk with Ricky