>> 601A Provisional Unlawful Presence Waiver Approved Under New Law

October 1, 2013 – Newark, New Jersey:

Cella & Associates are proud to announce a 601A Provisional Wavier approval for a Chinese National who entered the country undocumented (or without papers) in 2003.

The New Provisional Waiver Law allows certain immediate relatives of U.S. citizens (spouses and parents of adult U.S. citizens) who are physically present in the United States to request a provisional unlawful presence waiver prior to traveling abroad for consular processing of their immigrant visa applications. Before this law, if an individual had procured more than 1 year of unlawful presence they would be unable to undergo consular processing in their home country and would be barred from re-entering the United States for a period of 10 years. A Provisional Waiver will now allow them to legally re-enter the United States after consular processing thereby waiving the unlawful presence bar.

This mother of three young US Citizen children and wife to a US Citizen husband will return to her home country for consular processing with the Provisional Waiver in hand. Cella and Associates worked closely with the client to demonstrate and prove to USCIS that her US citizen husband would suffer “extreme hardship” ( the requisite level of hardship needed for the approval of this waiver) if he and his wife could not remain together in the United States.

In 1997, Cella & Associates also previously won the husband’s Asylum case and now after successfully applying for the provisional waiver for the wife, we are proud to be instrumental in ensuring the unification and immigration status of this family in the United States.