OUR IMMIGRATION SERVICESI-601A Waiver Services

Author: Attorney Vitaly Malyuk. License: MO No. 73573

I-601A Waiver Expertise: Your Trusted Partner

The I-601A Provisional Unlawful Presence Waiver allows immediate relatives of U.S. citizens or lawful permanent residents – spouses, parents, or unmarried children under the age of 21 – to apply for a waiver of unlawful presence prior to consular processing abroad. Without this waiver, leaving the U.S. after accruing unlawful presence (more than 180 days) triggers a 3- or 10-year bar on re-entry, resulting in prolonged family separation. An approved I-601A waiver eliminates this bar and allows for quick return after a consular interview.

To be eligible, applicants must be in the U.S., at least 17 years old, have an approved visa petition (e.g., Form I-130 or I-360), and demonstrate extreme hardship to a qualifying relative (U.S. citizen or permanent resident spouse or parent). Extreme hardship may include financial, medical, or emotional challenges, such as a relative’s serious illness or financial dependency. The I-601A only addresses unlawful presence; other inadmissibility issues, such as criminal convictions, require separate waivers.

The process involves filing Form I-601A with USCIS ($585 filing fee, $85 biometrics as of 2025), submitting evidence of hardship and eligibility, and attending a consular interview abroad after approval. Processing takes 12-24 months, and errors can lead to denials, so professional guidance is essential.

At Arvian Law Firm, we provide expert assistance through thorough consultations, assessing your immigration history and family circumstances. We develop customized strategies and gather solid evidence, such as medical records or affidavits, to demonstrate hardship. Our multilingual team, fluent in languages such as Spanish, serves clients throughout Orange County with a near-perfect success rate in I-601A cases.


I-601A Waiver Support: Expert Strategy & Family-Focused Guidance

Personalized Legal Strategy

 

At Arvian Law Firm, every case receives a customized approach. We begin with a detailed consultation to evaluate your I-601A eligibility, reviewing your immigration history and family dynamics. Our attorneys build a compelling case, focusing on extreme hardship with evidence like medical records, financial statements, or affidavits. We address potential inadmissibility issues to prevent consular processing issues and assist clients in removal proceedings to maintain eligibility. Offering consultations in languages like Spanish, our Irvine office serves diverse communities across Southern California. Our attorneys stay updated on USCIS policies, ensuring compliance with current standards. With a proven track record, we provide regular updates and responsive support, treating your case with the care it deserves.

End-to-End Guidance

 

Arvian Law Firm manages every stage of the I-601A process. We assist with filing Form I-130 or I-360, ensuring accurate documentation like marriage or birth certificates. We prepare and file Form I-601A, compiling evidence, paying fees, and coordinating biometrics. Our team monitors your case through USCIS processing (12–24 months) and prepares you for the consular interview, guiding you on DS-260 submission and required documents. For clients in removal proceedings, we secure administrative closure. We minimize time abroad, often to a few weeks, and handle all communication with USCIS, NVC, and consulates. Our Irvine team offers ongoing support via phone, email, or in-person, ensuring a seamless, stress-free experience.


Frequently Asked Questions (FAQs) About I-601A Waiver Services with Arvian Law Firm

Below are seven frequently asked questions about the I-601A Provisional Unlawful Presence Waiver process and how Arvian Law Firm in Irvine, California can help you navigate this critical immigration pathway.
What is the I-601A Provisional Unlawful Presence Waiver?

The I-601A waiver allows certain undocumented immediate relatives of U.S. citizens or lawful permanent residents (spouses, parents, or unmarried children under the age of 21) to apply for parole from unlawful presence in the U.S. before attending a consular interview abroad. It prevents the 3- or 10-year re-entry bar triggered by leaving the U.S. after accruing unlawful presence (over 180 days). Arvian Law Firm will help you determine eligibility and build a strong case to secure approval, minimizing family separation.

Who is eligible for the I-601A waiver?

To qualify, you must be physically present in the U.S., at least 17 years old, have an approved immigrant visa petition (e.g., Form I-130 or I-360), and demonstrate that your U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if the waiver is denied. Extreme hardship may include financial, medical, or emotional hardship. The waiver only covers unlawful presence, not other inadmissibility issues. Our attorneys at Arvian Law Firm will evaluate your eligibility during a detailed consultation.

What does the I-601A waiver process involve?

The process includes filing Form I-601A with USCIS ($585 filing fee, $85 biometrics fee, as of 2025), submitting evidence of extreme hardship and eligibility, and attending a consular interview abroad after approval. Processing takes 12-24 months, and errors can lead to denials. Arvian Law Firm manages every step, from filing forms to preparing you for the consular interview, ensuring accuracy and compliance with USCIS requirements.

How does Arvian Law Firm ensure a strong I-601A application?

We provide a personalized legal strategy that begins with a thorough consultation to review your immigration history and family circumstances. Our attorneys gather compelling evidence, such as medical records, financial statements, or affidavits, to demonstrate extreme hardship. We address potential inadmissibility issues and provide multilingual support, including Spanish, to serve diverse clients. Our proven track record ensures a robust application that meets USCIS standards.

What happens after the I-601A waiver is approved?

After approval, you must attend a consular interview abroad, submitting Form DS-260 and civil documents like birth or marriage certificates. Arvian Law Firm coordinates with the National Visa Center (NVC) to ensure timely fee payments and document submission, preparing you for the interview with guidance on potential questions. Our goal is to minimize your time abroad, often to a few weeks, for a swift return to the U.S.

Can I apply for the I-601A waiver if I’m in removal proceedings?

Yes, but your removal proceedings must be administratively closed or terminated in order to file the I-601A waiver. The Arvian Law Firm works with the immigration courts to secure closure and ensure your eligibility. Our comprehensive case management includes addressing such complexities, allowing you to proceed with your waiver application without delay.

Why should I choose Arvian Law Firm for my I-601A waiver?

Located in Irvine, California, the Arvian Law Firm offers personalized, end-to-end support with a near-perfect success rate in I-601A cases. Our multilingual team provides customized strategies, meticulous case management, and ongoing communication via phone, email, or in-person meetings. Contact us at (949) 509-6515 or visit us at 4199 Campus Drive, Suite 550, Irvine, CA 92612 for a free consultation to begin your journey to legal residency.


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The I-601A waiver is a vital step toward lawful residency and family unity. Arvian Law Firm in Irvine, California, offers expert guidance, personalized strategies, and comprehensive support to navigate this complex process.

Contact us at (949) 509-6515 or visit 4199 Campus Drive, Suite 550, Irvine, CA 92612, for a free consultation. Let us help you secure a brighter future in the U.S.

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Arvian Law Firm LLC

Vitalii Maliuk,

ATTORNEY AT LAW (МО № 73573)

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