Consular Processing and I-601a Provisional Waivers

Immigration Attorney Vianey Hurtado
By: Vianey Hurtado
Immigration Lawyer
Licensed in Arizona since: 2014

Consular Processing and I-601a Provisional Waivers Attorney In Phoenix

The road to a Green Card in the U.S. isn't a straight sprint, it's a strategic marathon. First, find your visa niche (family, employment, etc.) and secure a petition from a sponsor. Consular Processing awaits, where interviews, medical checks, and paperwork become your hurdles. But wait, did you enter unlawfully or remain in the United States without authorization? The I-601a waiver acts as a bridge, but only if you're a close relative facing family hardship and can tackle the process before leaving. Remember, an attorney can be your coach and legal guidance, helping you to navigate the complexities and cross the finish line as a proud Green Card holder!

If you need help with your Consular Processing or the I-601a waivers in Phoenix, AZ, please get in touch with immigration attorney Vianey K. Hurtado. When you work with our law firm, you can confidently go through the application process, having Vianey by your side. Vianey focuses primarily on Immigration law and has a personal understanding of the immigration experience as a proud daughter of immigrants. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.

Google User - Left a review

Itzel L.

5 Stars
Google
VIANEY HURTADO is an incredible lawyer. Since the beginning of my services her and her team made sure I felt well take care of. Her and her team was patient, efficient and compassionate with me.
Google User - Left a review

Betty G.

5 Stars
Google
Attorney Vianey K. Hurtado is a very honest, professional and patient immigration attorney who gives you confidence in the course of your case. She helped me a lot and very quickly for my residency.
Google User - Left a review

Juan E.

5 Stars
Google
If my family and I could give 100 stars I would. Vianey and all her staff were helpful from day one. Always treated us with great professionalism. Always honest and hard working. Will definitely be recommending her!!!
Google User - Left a review

Lizbeth S.

5 Stars
Google
My father had a very rough immigration case, Vianey did an amazing job. Thank you so much, very grateful for everything you did. My father is now a permanent resident thanks to you.

Detailed Outline of Consular Processing

Eligibility:

To be eligible for Consular Processing, you must:

  • Have an approved immigrant petition filed on your behalf by a family member who is a US citizen or lawful permanent resident (LPR). 
  • Be outside the United States or in cases where you are unlawfully present in the United States, file and have an I-601a waiver approved prior to departing.
  • Have an immigrant visa number available in your category.
  • Meet the specific eligibility requirements based on your prior immigration history.

Steps:

  1. Petition: After you have an approved petition, you'll receive a visa priority date, which determines your place in line for a visa number. Immediate relatives do not have to wait for a visa to become available and can continue their process.
  2. National Visa Center (NVC) Processing: Once a visa number becomes available, your case will be transferred to the NVC, which processes immigrant visa applications. You'll pay fees, submit additional documents, and await for your case to be documentarily qualified. The NVC will then transfer your case to the U.S. embassy or consulate in your home country. 
  3. Interview: The interview is the most crucial step. Consular officers will assess your eligibility and verify your documents. Be prepared to answer questions about your relationship to your sponsor, your intention to immigrate, and your background.
  4. Medical Examination: You'll need to undergo a medical examination by a doctor authorized by the U.S. Department of State prior to your interview. This verifies you don’t have any threatening conditions that can spread to other members of the population. Examples would be tuberculosis or syphilis. 
  5. Decision: After the interview and medical examination, the consular officer will decide whether to approve your visa. If approved, you'll receive your immigrant visa and can travel to the U.S. to apply for a Green Card.

Timeline:

Consular Processing can take anywhere from several months to several years, depending on your visa category, visa availability, and processing times at the National Visa Center and your local embassy or consulate.

Additional Considerations:

  • Documents: Gather all required documents well in advance, as obtaining some specific documents can take time.
  • Legal Assistance: While not mandatory, consulting an immigration attorney can help ensure you understand the process, prepare for the interview, and avoid mistakes.
  • Travel Restrictions: Certain travel restrictions may apply if you have overstayed your visa or entered the U.S. without inspection.

Detailed Outline of I-601a Provisional Waivers

The I-601a Provisional Waiver can be a crucial tool for certain immigrant visa applicants facing the "unlawful presence" ground of inadmissibility. Let's break it down further:

Eligibility:

  • Qualifying Relatives: You must be the spouse or child of a U.S. citizen or a Lawful Permanent Resident.
  • Unlawful Presence: You entered without inspection, accumulated more than 180 days of unlawful presence, or overstayed your visa, if applying based on a preference based category.
  • Extreme Hardship: You must demonstrate that your U.S. citizen or permanent resident qualifying relative will suffer extreme hardship if you cannot obtain the immigrant visa. This involves convincing evidence of emotional, financial, and/or health consequences that exceed the normal hardships of separation.
  • Other Requirements: You must meet various other eligibility requirements, such as being admissible to the U.S. on other grounds and not having committed certain crimes.

Benefits:

  • Avoid Bars: By obtaining a provisional waiver before leaving the U.S., you avoid the three- or ten-year bar that typically applies to unlawful presence.
  • Proceed with Consular Processing: You can move forward with your immigrant visa application abroad by having inadmissibility issues relating to unlawful presence waived.
  • Potentially Expedite Process: Obtaining the waiver before leaving will avoid having to file the Form I-601 waiver after a visa denial at the consulate.

Process:

  1. Gather Evidence: Document the extreme hardship your family member would face if you cannot immigrate. Evidence can include medical records, financial statements, letters from family and friends, etc.
  2. Prepare Application: Complete Form I-601a meticulously and gather all required supporting documents.
  3. File Application: Submit the application and fees to USCIS. If you are in removal proceedings, proceedings must be administratively closed prior to filing.
  4. Decision: USCIS will decide whether to approve your waiver. If approved, you can proceed with Consular Processing abroad.

Important Notes:

  • The I-601a process is complex and requires detailed attention to eligibility requirements and supporting evidence.
  • Consulting with an experienced immigration attorney is highly recommended to ensure you meet all requirements and have the best chance of success.
  • USCIS provides detailed information and instructions on their website: https://www.uscis.gov/i-601a
Why Clients Choose Vianey Hurtado
Experienced
Experienced
Knowledgeable
Knowledgeable
Patient
Patient
Sympathetic
Sympathetic
Affordable
Affordable
Professional
Professional

Schedule A Thorough Case Evaluation With Our Team!

Obtaining a Green Card in the U.S. may seem like a daunting puzzle, with Consular Processing and I-601a waivers as intricate pieces. But remember, with careful planning, thorough preparation, and potentially the guidance of an experienced attorney, you can unlock the journey. Approach it with patience, perseverance, and a clear understanding of your path, and soon, the coveted Green Card will be your reward to a promising future in the US. So, take a deep breath, gather your courage, and embark on this transformative journey - your status as a lawful permanent resident awaits!

We recommend that you consult with an attorney before completing any application or form on your own. Attorney Vianey K. Hurtado offers support for those navigating the challenges of immigration. Her personal connection to immigration adds depth to her professional expertise, making her an ideal choice for those seeking guidance and representation in their immigration journey. Contact us today for a detailed case evaluation. Our firm serves the areas of Phoenix and Yuma.

Immigration Attorney Vianey Hurtado
Schedule a detailed Case Evaluation
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Vianey K. Hurtado Law’s legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
1401 W Washington St Suite 100, Phoenix, AZ 85007
Vianey Hurtado Law - Criminal & Immigration Law
Copyright © 2024 Vianey K. Hurtado Law, PLC. All Rights Reserved.
Designed by:
Lab Coat Marketing
Lab Coat Marketing