USCIS This had three very drastic consequences: (1) it separated families for lengthy periods of time, and often applicants had young children living in the U.S., and (2) it discouraged people from applying for their green cards because of the lengthy time required to be spent outside of the U.S.; and (3) if the waiver was denied, the person would be stuck outside the U.S. for 10 years, a risk many people were simply unwilling to take. Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was: More than 180 days, but less than 1 year, during a single stay or. However, as of October 2020, it is common for I-601A waivers to be in process for longer than one year. Spouses or abused children of US citizens / permanent residents. You have a U.S. citizen or permanent resident spouse or parent (your “qualifying relative”); You must show that your qualifying relative would suffer extreme hardship if you are not granted a waiver of inadmissibility; You must not be inadmissible for any reason other than the 3-year bar or the 10-year bar; You must not be in deportation proceedings; You must have never been ordered deported (regardless of whether you have ever actually been deported), and if you have ever accepted voluntary departure, you must not have failed to depart the US on time; You must not have an adjustment of status application pending; and. You must show that denial of your waiver application will cause extreme hardship to your qualifying relative. The process of getting a green card can get very complicated for persons who have accumulated a certain amount of “unlawful presence” in the United States. These include grounds such as polygamy and renouncing your US citizenship for tax reasons. This was a hugely positive change because it allowed individuals to wait for a decision on their waiver application while still in the U.S. with their families, and gave them certainty that the waiver was already approved before leaving the U.S. However, making a request is much more complicated than preparing a form. If there is a waiver for your other grounds of inadmissibility, you may be eligible to apply for a normal I-601 waiver, however, you must apply from your home country and await a decision there. USCIS Notarized affidavits from the applicant and other people; Police reports from every country you have ever lived in, even if your criminal record is clean; Complete official records of any conviction or charge; Other evidence that may be required depending on the specific grounds for inadmissibility that you wish to waive. Form I-601A is titled “Application for Provisional Unlawful Presence Waiver.” The stateside waiver was a great policy change in the good old days of the Obama administration that addressed a fundamental problem in our immigration system. Below is a list of the types of hardships that you might mention: Your statement should be supported by as much relevant evidence as possible. If a person entered the country correctly with a visa, and then overstayed their permitted time here, they typically do not need a I-601A waiver. Visa T applicant (trafficking in persons). Before requesting immigration forgiveness, you must consider several associated factors and verify if you are eligible to process it. For both types of waiver applications, it is required to present evidence that the expulsion or deportation of the applicant will cause “extreme difficulty” to one of his family members. The U.S. imposes numerous grounds for inadmissibility to the United States. The I-601A allows you to apply for and receive a waiver after receiving USCIS approval but before you leave the US. Obtain forgiveness in American territory. For more information on how to fill out form I-601 depending on the case, please check USCIS official site or contact us directly. The I-601A is special because it is only used for one specific ground of inadmissibility: those people who have spent time unlawfully in the US and who intend to leave to attend an interview at an embassy or consulate. You have likely accumulated unlawful presence if you: Unlawful presence can have significant, long-term consequences. Lluis Law immigration lawyers are experts in cases of immigration waivers. I-601A Waiver Processing Times. It is part of the documents that are delivered along with Form I-601A. Following is an incomplete list of the many grounds for which inadmissibility may not be waived: To receive approval of Form I-601, you will need to prove your assertions with documentary evidence. For more information, see the Provisional Unlawful Presence Waiver webpage. Many individuals have been stranded outside the U.S. even with an approved I-601A waiver in hand because the consulate identified other grounds of inadmissibility which resulted in a denial of the visa. Suppose however, that you wanted to adjust to legal immigration status in the US through sponsorship by a US citizen relative (a spouse, for example)? In some cases, unfortunately, it is impossible to obtain a waiver of inadmissibility. There is a different waiver process (Form I-601) that requires a wait outside the U.S. This type of Waiver is not applied preventively and the delay for results is generally from 12 to 16 months. Many I-601A provisional unlawful presence waiver applicants do not realize review of their applications can take more than six months even though United States Citizenship and Immigration Services reviewers attempt to complete each application before a six month period passes. If you have any questions, give us a call at (303) 872-6985. This is not a do-it-yourself process. Once the fee bill is paid, the I-601A form and the supporting documentation can be filed. You can find the edition date at the bottom of the page on the form and instructions. Positive factors that USCIS considers are health/medical issues with the U.S. citizen or resident, financial support provided by the foreign national, good moral character, family ties to the U.S., country conditions in the foreign country, length of time in the U.S., and any other relevant factor that demonstrates hardship. The USCIS Form I-601A is used to apply for a provisional unlawful presence waiver. For the processing and approval of the permanent residence card, the Citizenship and Immigration Service (USCIS) previously considers the applicant’s admissibility. Is a Provisional Waiver Worth It? In this way you can apply for an immigrant visa at a US embassy or consulate overseas, without fear that you will be subjected to a re-entry bar when you try to return. These reasons are known as grounds of inadmissibility. Wait for the formal notification of prohibition to return to the US. To be eligible for a provisional unlawful presence waiver through a family-based petition, you must meet ALL of the following conditions: Generally, you are not eligible for a provisional unlawful presence waiver if you are in removal proceedings or have a final order of removal, exclusion, or deportation. Typically, USCIS takes about 6 months to approve this step. I-601 rec. To prevent this type of forgiveness for returning to the United States from being denied, it is necessary to seek professional help. How to Prove Extreme Hardship in Immigration Waivers for Spouses and Family, Joseph prepared my naturalization paperwork and advised me on interview prep. Highly recommend Shaftel Law. The lawyer advises you on how to write and present a letter of pardon for immigration in correct English. The other requirements demanded by USCIS, such as financial impact and family ties in the US, must also be met. Immigrant Visa Processing: After the I-601A waiver is approved, the NVC begins the final steps required before the consular interview can be schedule.

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