Rejection of Provisional Unlawful Waivers for Failure to Prove Fees

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Provisional Unlawful Waivers

Failure to Prove Fees

The USCIS has provided very little official guidance regarding the I-601A provisional unlawful presence waiver. So it comes as a surprise that one of the few things that the government published about the waiver was in regard to rejecting applications due to an individual’s failure to provide proof of the required Immigration Visa Application Fee.


In its News Alert, the USCIS stated that it cannot accept a Form I-601A unless the applicant provides proof that he or she paid the necessary Immigrant Visa Application Fee to the Department of State (DOS).

So before applying for the provisional unlawful presence waiver, applications should be careful to:

  • Pay the Fee. Pay the Immigrant Visa Application Fee to DOS before applying for the waiver;
  • Send Proof of Payment. Include the application fee receipt with your I-601A application. You should make sure that the receipt you send is the official DOS-issued receipt with the National Visa Center Case Number visible on the receipt. You should not provide other types of receipts that you may have such as money order receipts;
  • Obtain Proof of Payment. If you do not have a DOS-issued receipt, there are several ways you can get an official receipt depending upon how you paid. If you paid online, you can get an official receipt by going to the Consular Electronic Application Center (CEAC) site and printing the receipt. If you paid over the mail, you have to request a copy of the receipt from the NVC.

Get Help From a Hardship Waiver Attorney

The Ranchod Law Group

The I-601A provisional unlawful presence waiver is not a long form; however, it can be a complicated form to complete. You have to be careful to follow the instructions and include all requested information including the proof of the required Immigration Visa Application Fee.

Because there is so much at stake with an I-601A waiver, you may want to work with an hardship waiver attorney in the Sacramento area to ensure that you meet all the requirements in the application.

If you fail to properly complete the application, you could have the application returned and your fees lost. In the worst case, your application may be denied and you may be subject to a three- or ten-year bar from your family. In addition you need to provide a persuasive argument explaining why you meet the extreme hardship requirements.

Contact the experienced hardship waiver attorneys at the Ranchod Law Group if you need help with the application. You can contact us at (916) 613-3553 or for legal assistance.

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