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Long Island Provisional Waiver I-601A Attorney


Provisional Unlawful Presence Waiver Purpose

The I-601A waiver is sought in situations where the immigrant visa applicant is subject to the unlawful presence ground of inadmissibility.  The unlawful presence ground of inadmissibility is triggered in two situations: i) if a person has accrued more than 6 months of unlawful presence, the person would trigger a 3-year bar if this person departs the United States, and, ii) if a person has accrued one year or more of unlawful presence, then this person would trigger a 10-year bar upon exiting.  Accordingly, prior to an individual traveling abroad to his or her consular interview, it would be essential that this person secure an I-601A waiver as long as this person has no other grounds of inadmissibility such as criminal misconduct, fraud, false claims of U.S. citizenship, alien smuggling, etc.  The I-601A only waives the unlawful presence ground of inadmissibility.  It does not waive other grounds of inadmissibility.

Requirements

  • Applicant must show extreme hardship to a qualifying relative – USC Citizen or Legal Permanent Resident (LPR) Parent or Spouse.
    • Extreme hardship factors include but are not limited to: health-related issues; family ties; financial situation; economic and political conditions in the Applicant’s home country; ability to raise children if family members aren’t available to help; psychological impact of separation; quality of life factors in the home country, etc.
  • Applicant must be present in the U.S. – the waiver applicant must be present in the U.S.  at the time of filing and undergo biometrics (fingerprinting) for the purpose of the I-601A provisional waiver before departing.
  • Applicant must be a beneficiary of an I-130, I-140, or I-360 petition (or be selected for the Diversity Visa program) and pay the immigrant processing fee.

Disqualifications

  • If the Applicant is under 17 years of age, the Applicant may not apply because children under 18 cannot accrue unlawful presence for the purpose of the 3 or 10 year bar.
  • If the Applicant is in removal proceedings, and no final order of removal has been issued, he or she may not apply unless the Applicant’s case is administratively closed at the time of filing the waiver.
  • If the Applicant is adjusting status, the Applicant may not apply for an I-601A waiver.
  • If the Applicant is subject to a prior order of removal that has been reinstated by Homeland Security, the Applicant may not apply.
  • If the Applicant is subject to a final order of removal, the Applicant may not apply unless USCIS has already granted the Applicant’s Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal;

Contact the Law Firm of Kyce Siddiqi before you travel abroad for your immigrant visa interview to determine whether you are subject to the unlawful presence ground of inadmissibility and if so, help you with the I-601A provisional unlawful presence waiver.