I-601A Provisional Unlawful Presence Waiver
What is an I-601A Provisional Waiver?
The I-601A Provisional Unlawful Presence Waiver, commonly referred to as the I-601A waiver, is a specific type of immigration benefit. It is designed to allow certain individuals who are spouse or children of U.S. citizens or permanent residents, who are in the United States without legal immigration status to request INA section 212 (a)(9)(B) [ both INA sections 212(a)(9)(B)(i)(I)) and 212(a)(9)(B)(i)(II)) ], before departing the United States to appear at a U.S. Embassy or Consulate for an immigrant visa interview.
Am I Eligible for an I-601A Provisional Waiver?
To be eligible for the provisional unlawful presence waiver, you must satisfy ALL of the following criteria:
- Minimum Age: You must be at least 17 years of age.
- Physically Present in the United States: You must be physically present in the United States at the time of filing the I-601A application.
- Approved Immigrant Visa Petition: You must have an approved immigrant visa Petition due to one of the following reasons:
- You are the primary beneficiary of an approved:
- Form I-130, Petition for Alien Relative,
- Form I-140, Petition for Alien Worker, or
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and you have paid the immigrant visa processing fee to DOS while actively pursuing your immigrant visa.
- You are a Diversity Visa (DV) Program selectee.
- You are the spouse or child of the primary beneficiary of an approved immigrant visa petition.
- You are the primary beneficiary of an approved:
- Spouse or child of a U.S. Citizen or permanent resident: You must be spouse or child of a U.S. citizen or permanent resident, meaning you must have US citizen or permanent resident spouse or parent as your qualifying relative.
- Note that your qualifying relative does not have to be the petitioner of your immigrant visa petition. Note that your child cannot be a qualifying relative.
- Extreme Hardship: You must be able to demonstrate that your U.S. citizen or permanent resident spouse or parent would suffer “extreme hardship” if you were not allowed to return to the United States. Extreme hardship is a legal standard and must be supported by strong evidence and documentation.
- No other grounds of inadmissibility: You must not be subject to any other grounds of inadmissibility.
- No Prior Departure: You should not have previously departed the United States, as this may affect your eligibility for the I-601A waiver. If you have already left the U.S., consult with an immigration attorney to determine your options.
How can I prove extreme hardship?
Proving extreme hardship of the qualifying relative in an I-601A waiver application is a crucial and often complex part of the process. To successfully demonstrate extreme hardship, you need to provide strong and well-documented evidence that supports the claim that your U.S. citizen spouse or parent will experience significant and unusual hardship if you are not allowed to return to the United States. Here are steps and strategies to prove extreme hardship:
Comprehensive Documentation: Gather comprehensive and organized documentation. This may include medical records, psychological assessments, financial statements, letters from experts, and other relevant records that illustrate the qualifying relative’s hardship.
Medical Hardship: If your qualifying relative has a medical condition, provide detailed medical records, doctor’s letters, and statements from specialists to demonstrate the severity of the condition and the necessity of your presence for medical support and care.
Emotional and Psychological Hardship: Include letters from mental health professionals or therapists that explain the emotional and psychological impact of your absence on your U.S. citizen spouse or parent.
Financial Hardship: Document the financial difficulties that the qualifying relative will face in your absence. This may involve providing evidence of dependency on your income, debt obligations, and the impact on their standard of living.
Family and Community Ties: Show how your absence would disrupt the family unit, particularly if there are children involved. Letters from family members, friends, and community members can provide a broader perspective on the impact.
Country Conditions: If applicable, provide information about the country conditions in your home country, emphasizing any dangers, violence, or persecution that your qualifying relative may face if they must accompany you.
Personal Hardships: Explain any unique personal hardships that the qualifying relative will encounter in your home country, such as language barriers, cultural differences, or a lack of support systems.
Educational and Employment Opportunities: Show how your U.S. citizen spouse or parent is integrated into the U.S. society through employment, educational opportunities, and community involvement, and how leaving the U.S. would disrupt these activities.
Country-Specific Conditions: If there are specific conditions in your home country that pose a risk to your qualifying relative, provide information and documentation about those conditions.
Affidavits and Personal Statements: Both you and the qualifying relative should write affidavits or personal statements that describe the hardships faced and the importance of your presence in the U.S. These statements should be heartfelt and convincing.
Legal Guidance: Consult with an experienced immigration attorney to help you assemble a strong and persuasive case. They can provide valuable legal insights and ensure that your application is well-prepared.
Important links for other waivers
Please click the links below to learn the details about other waivers.
Our Expertise and Services
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance
After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.
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