The new provisional unlawful presence waiver (I-601A) process facilitates the issuance of immigrant visa for immediate relatives of U.S. citizens and spouse and children of Lawful Permanent Residents, who are otherwise admissible to the United States except for the 3-year and 10-year unlawful presence bars, which are triggered upon departure from the United States. The waiver process allows eligible immediate relatives to apply for a provisional unlawful presence waiver while they are still in the United States and before they leave to attend their immigrant visa interview abroad. Once abroad the process take only 3 weeks. You may remain in your country for up to 4 weeks to visit family and take care of business. The 601 waiver is generally used when the person is abroad. The big drawback is that the waiting period may be upwards of one year, making the 601A the best choice for those living in the United States
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