IMMIGRATION

I-601A application For Provisional Presence Waiver

By: Karen Hao- Law Clerk – Bolour/Carl Immigration Group
www.americanvisas.net

Under U.S. law, adults who have spent too much time in the U.S. unlawfully are barred from returning legally to the U.S. if they leave. The bar lasts either three years or 10 years, depending on how much total time spent in the U.S. unlawfully: (1) 3-year bar- if time spent is 180 days or more, but less than one year of unlawful presence; (2) 10-year bar- one year or more of unlawful presence. Form I-601A is a standalone application. You cannot file Form I-601A with any other applications, petitions, or requests for immigration benefits.

The I-601A provisional unlawful presence waiver allows the U.S. Citizenship and Immigration Services (USCIS) to waive these time periods for applicants with qualifying relatives who are otherwise eligible to become lawful immigrants to the United States. The qualifying relative must be either a spouse or parent; having a US citizen or LPR child does not make one eligible for the I-601A waiver.

You may file the provisional unlawful presence waiver if you:
1. Are physically present in the United States;
2.Are at least 17 years of age at the time of filing;
3. Have an immigrant visa case pending with Department of State (DOS);
4. Believe you are or will be inadmissible only for a period of unlawful presence in the United States that was: (a)More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or (b) One year or more during a single stay (INA section 212(a)(9)(B)(i)(II));
5. You must establish that refusal to admit you would result in extreme hardship to your U.S. citizen or LPR spouse or parent. You must also establish that your case warrants a favorable exercise of discretion by showing that favorable factors in your case should be given more weight than the unfavorable factors.

There are many things that may be used to prove that the qualifying relative will suffer “extreme hardship,” such as:
(1) submitting a declaration explaining the importance of the immigrant in their lives – personally, financially, psychologically and explaining that the hardship will exist whether (a) the immigrant returns to his or her home country and the spouse or parent stays here in the U.S.; or (b) the spouse or parent returns to the home country with the immigrant;
(2) tax and employment records;
(3) birth certificates of children;
(4) medical documents;
5) statements from relatives, friends, employers attesting to the hardship;
(6) family budget describing monthly expenses and debts.

Anyone requesting the waiver must submit all possible documentation to support the arguments of the difficulties.

The I-601A waiver is asking the government to excuse the non-US citizen spouse’s previous unlawful presence so that the family can live together in the United States. The benefit of this waiver is that the waiver doesn’t require the immigrant to apply after leaving the U.S. and allows the immigrant to wait for the application results in the U.S. to shorten the time that U.S. citizens and LPR family members are separated from their immigrant relatives.

Because of the complexity of the waiver, it is highly recommended you contact an immigration lawyer to assist.

Please feel free to contact us at 323-857-0034 or info@americanvisas.net if you have any questions.