The attorneys at Diron Rutty, LLC will assist you if you entered the U.S. to serve as a crew member aboard a ship or airplane, entered with a fiancé visa but never married your fiancé petitioner, or you entered without papers and are the spouse, parent, or child of a U.S. citizen. We will calm your fears and guide you regarding the important decision of whether to apply for and obtain a provisional waiver before departing the United States. It is important to analyze the rewards of this against the risks in applying for this waiver. The benefits of provisional waivers, which became effective as of March 4, 2013, help to reduce the anxiety of past separation from families. The immigration law may also allow you to remain in the United States without risking a change in status.

Some people are on paper, eligible for a green card, but unable to obtain it while residing in the U.S. – through the “adjustment of status” process. Those applying for a green card who are not eligible to adjust status in the U.S. and are afraid to leave (in order to use the alternate, consular processing procedure) because of their past unlawful presence (which might block their return), now have the option to file the aforementioned “provisional waiver” application before leaving the United States. For many people, this waiver is the best option because it removes the uncertainty and reduces the time they are separated from their family. If you are confronted with this issue, our immigration lawyers are here to help you to take advantage of the provisional immigration waiver program.

There are certain requirements which must be met prior to filing the I-601A application:

  • You are 17 or older.
  • You are the spouse, child or parent of a U.S. citizen.
  • You have an approved I-130 Petition for Alien Relative.
  • You have an immediate relative petition pending with the Department of State.
  • The denial of your visa would cause extreme hardship to your U.S. citizen relative.
  • You are physically present in the U.S. when you file your I-601A petition.
  • You were not scheduled for a visa interview prior to January 3, 2013.
  • You meet all other normal requirements for unlawful presence waivers.

The cost of making mistakes when filing this application can be very high and does require the service of a competent attorney. The Law Offices of Diron Rutty, LLC will be happy to assist you through this delicate process.
Contact our experienced immigration lawyers in New York City and Poughkeepsie at (718) 324-0404 or (845) 849-9201, use the form at the right, or email us at for the solutions to your overstay problem.