Provisional Waiver Process
If you are in need of a I-601A provisional waiver, you may need an experienced immigration lawyer to guide you through the provisional waiver process. Here is some information on the documents you will need to present.
Provisional Waiver Process | Evidence of Relationship/Spouse
To Show Hardship to you, your US Citizen Spouse
- Notarized Affidavit from USC spouse.
- Notarized Affidavit from you.
- Photos of family (birthday parties, holidays, pets, babies, etc.)
Evidence of Status and Relationship:
- Evidence of your relationship to your spouse. Documentary evidence of such relationships may include copy of birth records, marriage certificates.
- Evidence of your spouse’s immigration status: Copy of naturalization certificates, birth certificates, green cards, and passports.
Provisional Waiver Process | Evidence of Medical and Financial Hardship
Evidence of Medical Hardship:
- Original Doctor’s letter regarding ANY medical, emotional, mental/physical incapacity condition and the treatment involved of your spouse (or a close relative that your spouse/parents take care of). The doctor’s letter must include nature of condition (chronic or acute, or long or short term), ongoing treatment needed, specialized treatment needed, duration of treatment, availability and quality of treatment abroad (if known).
- Copy of medical and hospital records your spouse (or a close relative that your spouse takes care of).
Evidence of Financial Hardship:
- Letters or documents showing financial contributions to your family.
- Proof of paying: (Provide Copies)
- Rent/mortgage—If you do not have a lease/mortgage: See sample affidavit from landlord attached.
- Utility bills
- Child support to any children (including from previous relationships)
- Alimony/Pension (including previous relationships)
- Education related expenses: private school, tutors, school books and supplies, transportation
- Vehicle titles and insurance policy
- Medical bills, hospital bills, prescription bills, health insurance bills
Provisional Waiver Process | Proof of Income and Education
- If you are employed, an original letter from your current employer. It should include information regarding the nature/duration of your employment, and your earnings.
- Copy of documents regarding ownership of property, business, assets, stock, etc.
- Original Letter of Employment for spouse. It should include information regarding the nature and duration of employment, and hours and earnings. (sample letter)
- Copy of School Records of you, your spouse, and your children that include
- Participation in any Special Needs Program
- Participation in Advanced Placement Program
- Letters/Documents confirming participation in sports, and extracurricular programs
If you need more information on the provisional waiver process, please contact The Scheer Immigration Law Group at our Morristown office.