Law Offices of Hilary Smith, LLC offers professional, legal services in the area of IMMIGRATION LAW and is conveniently located in Atlanta, GA, near Marietta and Smyrna, in Cobb County. The attorney speaks Spanish and English.

Please contact our office - (404) 418-8989 - to make an appointment to discuss whether you qualify for a particular immigration benefit and the documents that would best support that case.

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The New Provisional Waiver

USCIS published a final rule on "Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives" (also called “Stateside Waivers”), on January 3, 2013.

USCIS will NOT accept Provisional Waiver requests until March 4, 2013 and will publish a new form (Form I-601A, Application for a Provisional Unlawful Presence Waiver).

The new process is for relatives of certain U.S. citizens who are in the U.S. illegally and need that unlawful presence “waived before they can apply for a “green card”. It is intended to reduce the amount of time U.S. citizen are separated from their immediate relatives (“qualifying relatives”). It may also encourage more people to apply for U.S. permanent residence (a “green card”).

The filing fee for the I-601A application is $585, plus an additional $85 biometrics fee - total $670.

Who Qualifies to Apply for the New Provisional Waiver?

To qualify for this new waiver, the applicant must be an immediate relative of a U.S. citizen (the spouse, parent, or child of a U.S. citizen).

What is the New Waiver Based On?

A waiver under the new process must be based on extreme hardship to a “qualifying relative” - a U.S. citizen spouse or U.S. citizen parent. A permanent resident may not be a qualifying relative for this new waiver.

A U.S. citizen child is NOT a “qualifying relative” for the new waiver process, except to the extent that if affects the qualifying U.S. citizen spouse or parent.

Immediate relatives of U.S. citizens who are not eligible to become lawful permanent residents in the United States and who have more than 6 months of unlawful presence in the U.S., must still leave the U.S. for the consular immigrant visa process after their waiver is approved. The big difference under the new process is they can apply for a provisional waiver, and get a decision on the waiver while still in the U.S. and BEFORE leaving for an immigrant visa interview abroad.


To be eligible for the New Provisional Waiver, the applicant must meet all the following criteria:

● Be 17 years or older
● Be the immediate relative of a U.S. citizen
● Have an approved Form I-130 Immigrant Petition or approved Form I-360
● Have an immigrant visa case pending with U.S. Department of State
● Have paid the U.S. Department of State immigrant visa processing fee
● Be present in the U.S. at time of filing of waiver and biometrics appointment
● Not be scheduled for an immigrant visa interview prior to January 3, 2013
● Must be inadmissible ONLY on account of unlawful presence
● Prove that the denial of the waiver would result in extreme hardship to a  U.S. “qualifying relative” ( a U.S. citizen spouse or U.S. citizen parent)

If a provisional unlawful presence waiver application is approved by USCIS, it does not guarantee an immigrant visa. A U.S. Department of State consular officer will determine eligibility for an immigrant visa.

If you have approved an I-130 Petition, you may soon receive a letter from the National Visa Center (NVC). The letter is intended to advise you that qualifying applicants will be able to file for the new Provisional Waiver for unlawful presence inadmissibility on March 4, 2013. This does NOT mean that you are eligible to apply for that waiver. Each case needs to be evaluated on an individual basis.

To evaluate your eligibility it is important that you consult with an experienced immigration attorney. Do NOT get scammed by so-called “notarios” or “immigration consultants”.

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LEGAL SERVICES INCLUDE,  but are not limited to:   "green cards", deportation (removal) defense, marriage-based and family-based immigration,  visas,  including employment-based  immigration visas,   investor visas  ( E-2),   L-1 visas, fiancé visas (K-1),  visa extensions,  naturalization applications, U-visas, and Deferred Action  for Childhood Arrivals (DACA).

We provide personal and individualized service and believe that an informed and involved client is essential to a successful legal process. Consultation with the attorney is available in English and in Spanish.

Please see comments about the new Deferred Action for Childhood Arrivals ("DACA") on our IMMIGRATION NEWS page !  


UPDATED - January 7, 2013


Read more about LEGAL SERVICES.

CONTACT US for additional information.

 Law Offices of Hilary Smith, LLC
1827 Powers Ferry Road, SE, Suite 1-200
Atlanta, GA 30339
(404) 418-8989 


The information on this site is comprised of general and basic information that should not be misconstrued as legal advice. The links provided to other Internet sources are provided for general information purposes only and do not represent affiliation or association of this law firm with another entity or website.This site does not create an attorney-client relationship with the Law Offices of Hilary Smith, LLC. An e-mail or phone call to our offices, or a consultation with the attorney, does not create an attorney-client relationship. An engagement agreement must be signed by both the attorney and the client and fees must be paid according to that agreement to establish an attorney-client relationship. It is strongly advised that you seek legal counsel from an experienced immigration attorney before proceeding with any immigration matters.