Georgia Unlawful Presence Waiver Attorneys

Helping Georgia families overcome the three- and ten-year bars with strategic I-601A provisional waivers, complete evidence, and guided consular processing.

What Is an Unlawful Presence Waiver?

Under U.S. immigration law, leaving the country after 180+ days of unlawful presence can trigger a 3-year bar, and 365+ days can trigger a 10-year bar. The I-601A Provisional Unlawful Presence Waiver lets eligible applicants ask USCIS to forgive that bar before they depart for a consular interview—reducing separation time and uncertainty.

Who we serve: Couples and families across Georgia—Duluth, Savannah, Pooler, Gainesville, and beyond—who need a waiver as part of the immigrant visa process.

Who Qualifies for the I-601A Provisional Waiver?

Physically present in the U.S. at filing and decision.
An approved immigrant visa petition (e.g., family-based I-130).
Ability to prove extreme hardship to a qualifying U.S. citizen or LPR spouse or parent if the waiver is denied.
No other inadmissibility grounds that the I-601A cannot waive (e.g., certain fraud or criminal issues).

Applicants still complete consular processing. If the I-601A is approved, the unlawful presence bar is forgiven for the visa decision, allowing return to Georgia as a permanent resident if otherwise admissible.

How the Unlawful Presence Waiver Process Works

File & Approve I-130: Establish the family relationship. We prepare a clear, complete petition and evidence of a bona fide marriage where applicable. (See our Marriage Evidence Checklist.)
NVC Case Setup: After I-130 approval, we coordinate National Visa Center (NVC) steps, fees, and documents to keep the case moving.
I-601A Filing: We submit a robust waiver packet proving extreme hardship to your qualifying relative, supported by medical, financial, and personal evidence.
USCIS Decision: If approved, the case returns to NVC and is scheduled for the consular interview abroad.
Consular Interview & Return: We prep you for the interview. If the visa is issued, you reenter the U.S. as a lawful permanent resident.

The Extreme Hardship Standard

“Extreme hardship” is more than the normal difficulty of separation. USCIS evaluates the totality of circumstances, including:

Medical/Mental Health: Diagnoses, treatment plans, access to care in the U.S. vs. abroad.
Financial: Loss of income, housing instability, debt, or inability to maintain the household.
Family/Community Ties: Caregiving responsibilities, school and special-needs issues, support networks in Georgia.
Country Conditions: Safety, health risks, or economic instability affecting relocation.

Our attorneys organize cohesive evidence and craft a legal brief that connects each hardship factor to your qualifying relative—showing why denial would be truly extreme.

Common Reasons Waivers Are Denied

Evidence that describes emotions but lacks corroborating records (medical, financial, school, or expert letters).
Hardship focused on the applicant rather than the qualifying relative.
Inconsistencies between I-130, DS-260, and I-601A facts.
Filing before I-130 approval or leaving the U.S. while the I-601A is pending.
Overlooking other inadmissibility issues the I-601A cannot fix.

We audit each stage to prevent avoidable issues and build credibility from the start.

How Long Does the I-601A Take?

Timelines vary with USCIS workload and consular availability. As a general frame:

I-130 approval: ~6–12 months
I-601A review: ~12–18 months
Consular interview & return: ~3–6 months after waiver approval

We keep clients updated through each milestone and adjust strategy if processing trends change.

Already Outside the U.S.?

If you departed and triggered a bar, you may need a traditional I-601 waiver filed through the consulate rather than the provisional I-601A. We handle both paths and will confirm the correct option based on your history.

Entered Without Inspection (EWI) & AOS Ineligibility

Many Georgia families can’t use Adjustment of Status because of an EWI entry. In those cases, a consular-plus-I-601A strategy is often the right (and only) path. We sequence filings to minimize separation and prepare you thoroughly for the interview.

Why Choose Jarrett & Price

Focused Experience: We handle I-601A waiver and consular cases every day for Georgia families.
Start-to-Finish Strategy: From I-130 to the visa interview—no handoffs, no guesswork.
Evidence-Driven: Detailed hardship narratives with organized, credible exhibits.
Local Knowledge: Guidance tailored to Georgia clients and the USCIS Atlanta Field Office landscape.
Client Communication: Clear timelines, proactive updates, and interview practice.

How We Build a Strong Waiver Packet

Consultation & Eligibility: Confirm qualifying relative and hardship theory; screen for other inadmissibility issues.
Evidence Plan: Medical, financial, school, employment, country-conditions, and affidavits.
Attorney Brief: Tie facts to law; explain why hardship is “extreme.”
USCIS Filing & Tracking: Submit a clean, tabbed packet; respond to requests quickly.
Consular Prep: Checklist, interview coaching, and travel timing.

Unlawful Presence Waiver FAQs

Do children count as qualifying relatives?

For the I-601A, hardship must be to a U.S. citizen or LPR spouse or parent. Child-related hardship can still support the overall case by showing the impact on the qualifying spouse/parent.

Can I apply if I have a prior removal order?

Usually not without first addressing that order (e.g., reopening). We’ll review motions practice and alternative waivers when appropriate.

Can my spouse travel while the I-601A is pending?

No. Departing the U.S. while the I-601A is pending voids eligibility. Wait until approval and your interview is scheduled.

Talk with a Georgia Unlawful Presence Waiver Attorney

If you’re facing the three- or ten-year bar, you still have options. We’ll evaluate eligibility, build your hardship case, and guide you from filing to homecoming.

Schedule a consultation with Jarrett & Price today.