Waivers

Working For You To Secure Your Waiver

Berthoff Fernandes PLLC in Dallas, Texas, offers legal advice and case processing of Extreme Hardship and Provisional Waivers for relatives of American citizens or legal residents. We are experienced and know the complexities of the US immigration law, so expect them to guide you with confidence.

Extreme Hardship and Provisional Waivers

Provisional waivers

Let us help you prepare an I-601 or I-601A waiver. We will gather all the necessary proof, as well as assist you and your loved ones in completing the application process. These waivers are similar to a pardon for a person who came to the US without a visa or has a questionable background. Bear in mind that I-601 waivers can pardon only spouses and children of US citizens or legal residents.

The Process

We follow a specific time line for processing all your immigration and citizenship cases. The time line goes as follows:

  • The attorney opens your case for your visa petition for Residence.
  • The attorney helps you and your American spouse or parent prepare the I-601 or I-601A Hardship Waiver.
  • About Six months after your case opens, the petition is either approved or denied.
  • About Seven months after your case opens, the attorney helps you with your Invoices for Fees to the USCIS.
  • About Eight months after your case opens, the attorney helps you finalize and submit your Hardship Waiver to the United States Citizenship and Immigration Services (USCIS) for stateside processing.
  • The attorney assists you with the filing of the visa packet for Residence with the National Visa Center.
  • About 12 to 16 months after your case opens, the USCIS sends you a notice about its decision to approve or deny your waiver.
  • If your Waiver is approved, you may go back to your home country. In a span of about two to four weeks, you will need to undergo a medical exam and receive your visa for Residence from the US Consulate of your home country.
  • As soon as you get your visa for Residence from the Consulate, you may now travel back to the US. It takes about three months to receive your Legal Permanent Resident card.

Background

Before the stateside provisional waivers came into effect in 2013, the relatives of US citizens were separated from their loved ones for months while waiting for a decision. Husbands, wives, and children, had to go back to the US consulate of their home country during the waiver process. When President Obama changed this rule, many foreigners avoided the risk of being barred from re-entry.