I-601A Provisional Waivers

The leading attorney in long beach specializing in I-601A provisional waivers

A large portion of our practice focuses on preparing waivers for those who are inadmissible and cannot adjust their status to Permanent Resident without a waiver. For a person who is living in the United States illegally, an I-601A waiver is often the only means to overcome their unlawful status. An I-601A Application for Waiver of Grounds of Inadmissibility allows a non-citizen alien to immigrate to the United States.

Undocumented non-citizens who are not eligible to adjust their status in the United States must travel abroad to obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act.

The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees) who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview.

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Eligibility Requirements

To be eligible for an I-601A provisional unlawful presence waiver you must fulfill all of the following conditions:

  • Be 17 years of age or older.
  • Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or Form I-140 Worker Petition.
  • Have a pending immigrant visa case with DOS for the approved petition and have paid the DOS immigrant visa processing fee.
  • Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your US citizen spouse or parent.
  • You must show that your qualifying relative will suffer extreme hardship if you are not approved for an immigrant visa (Permanent Resident Status).
  • Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
  • Have no inadmissibility issues other than unlawful presence.

How do you demonstrate extreme hardship?

Extreme hardship can be demonstrated in many aspects of your parent or spouse's life such as:

  • Personal Considerations - Close relatives in the United States and/or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
  • Health - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, and long or short-term.
  • Financial Considerations - Future employability; loss due to sale of a home or business or termination of professional practice; decline in the standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e. elderly and infirm parents).
  • Education - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
  • Special Factors - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.

Any Other Factor - Or situation which you feel may help you meet the burden of extreme hardship.

USCIS considers the following when assessing I-601A waivers:

  • The qualifying relative’s health especially as it relates to ongoing or specialized treatment for a physical or mental condition, availability, and quality of care of such treatment abroad, duration of treatment, ability for the qualifying relative to take care of themselves.
  • Financial hardship especially as it relates to a decline in the standard of living for the qualifying relative and their children, protection in a foreign country, financial losses, cost of care for sick, elderly, or special needs children.
  • Loss of opportunity to receive a high-quality education.
  • Availability of similar employment abroad for the qualifying relative.
  • The applicant’s immigration and criminal history.
  • Family ties to the United States especially taking into consideration family separation, ages of children.
  • Good moral character.
  • Bonafide hardships, the degree of the hardships, evidence in support of the hardship.
  • Length of time the applicant has lived in the United States lawfully or unlawfully when reviewing a waiver request.