FAQ-601A Waiver

FREQUENTLY ASKED KNOWLEDGE BASED QUESTIONS


Latest Explanation of the Provisional Waiver (I-601a) for the Un-lawful Presence Bar

By Samar Sandhu, Immigration Advisor with the Chandigarh, India of-fice of the F4 India Immigration Consultants.

In 2013 USCIS Updated the I-601A Provisional Unlawful Presence Waiv-er of Inadmissibility for certain immediate relatives. On August 29, 2016, USCIS upgraded the regulations to allow to be eligible to the I-601a waiver.

Why did we want a Provisional Waiver rule?

Certain people are ineligible for an immigrant visa because they're in-admissible under INA section 212 for 3 or 10 years because they were illegally present in the United States for more than six months, or they'd become subject to this pub if they had been to depart the US for an immigrant visa interview at the US consular post abroad.

A waiver of the inadmissibility is available for people who can show that when they aren't allowed the waiver, then their US citizen or permanent resident spouse or parent could suffer Extreme Hardship.

Beneath the regular process for the I-601 Unlawful Presence Hardship Waiver for an applicant for an immigrant visa at the US consulate overseas, the foreign national should first apply for an immigration visa at the US consulate, wait around for the consulate to refuse the visa due to their 3 or 10 year old bar, then they may apply for the I-601 hardship waiver. Beneath the regular process, the foreign national must then stay beyond the US while waiting for USCIS to make a de-cision whether or not to grant the waiver, which may take so long as a year.

In case the waiver is denied, then the foreign national is stuck out the US until they've waited for the required 3 or 10 years. It had been de-termined that it's unfair to require particular relatives of US citizens and permanent relatives of the United States to wait out the US for the long period it can take for them to adjudicate the waiver. They, there-fore, made the I-601a Provisional Waiver process, which allows cer-tain relatives of US citizens and US permanent residents that are from the US to make an application for the waiver while they're in the United States and wait here in the United States while USCIS decides the waiver application.

In case provisional waiver I-601a is allowed, then the foreign national would depart the US for their visa interview. This considerably short-ens the period of time that these relatives of US citizens and US per-manent residents should stay separated from their family.

Am I required to employ a lawyer to apply for a I-601A Provisional Waiver? .

No. It's not required that a lawyer is hired to prepare the waiver re-quest, but it's suggested. The standard for this waiver, Extreme Hard-ship into a US citizen or a US permanent resident parent or partner, is very large. It's more than just the usual hardship one would suffer if separated from their spouse or parent. An immigration attorney who's experienced in filing hardship waivers knows what USCIS is looking to see. So while working with a lawyer doesn't guarantee that your I-601a provisional waiver will be allowed, it generally does result in a stronger application, which may improve your odds for receiving an approval.

In the very least, one should consult with immigration attorney before starting the procedure to determine whether there are other reasons for inadmissibility. Which may result in the overseas national becoming stranded overseas when they go for their visa interview.

Who’s qualified to make an application for the I-601A Provisional Waiver?

To be eligible for the provisional waiver the overseas national must: Have a licensed I-130 The Immigrant Petition for the Alien Relative, I-360 The Immigrant Petition for Amerasian, Widow, or Special Im-migrant, or I-140 immigration petition for Alien Worker. Must be physically present in the US when the I-601A application is registered and once they're searching for the application.

Be subject to inadmissibility in the US because they've spent more than 180 days illegally present in the United States following their 18th birthday. Should not be subject to some other ground of inadmis-sibility. Have a pending Department of State case with the National Visa Center and also have paid the visa application fee. Should be ca-pable to show Extreme Hardship to their US citizen or US permanent resident parent or spouse.

Can I use for the I-601A waiver if I'm filing an I-485 Application for Adjustment of Status?

No. A foreign national who's in the united states and is qualified to apply for I-485 Application for Adjustment of Status wouldn't use for an I-601A waiver.

Should they need a waiver of the 212 Unlawful Presence pub, they'd file a derogation request I-601. The I-601A Provisional Waiver appli-cation is just for people who're in the USA, but will be necessary to apply for an immigrant visa at the consular post overseas because they aren't qualified to apply for I-485 Application for Adjustment of Sta-tus.

If I'm outside the United States can I use for the I-601A waiver?

No. A foreign national must be physically present at the time they file their I-601A application and United States in the time they file their I-601A application and in the time they've they biometrics appointment to the application.

If somebody is presently outside the united states and stems into the united states without examination because of a criminal convictions. A foreign national who's outside the united states should apply under the normal I-601 procedure.

I’m Unlawfully Present, however I have a pub because of some criminal sentences. Can I use for the I-601A Waiver?

No. 10 year old bar for illegal presence under overseas national has is the 10 year old bar for illegal presence under 212. When the foreign national needs a waiver for any other reason then they aren't qualified to make an application for the I-601A waiver and should instead apply under the normal I-601 procedure.

I have been told I need to stay outside the usa for 10 or more years before I could apply for the I-601 waiver. Does this new rule change that?

No. The rule of temporary refusal does apply to people who're subject to a permanent bar under INA Section 212 for people who've entered the US without inspection following accrued more than a year old Il-legal presence or having been Removed from the united states.

Those subject to the 212 bar should remain outside the united states for 10 or more years before they may apply for a waiver.

If my I-601A provisional waiver application is accepted, will I be capable to apply for standing in the usa without leaving or for work authorization?

No. The I-601A provisional waiver won't allow someone to make an application for standing without leaving the US and acceptance of the I-601A provisional waiver doesn't allow the individual to apply for a work authorization, a driving license or social security card.

I'm before an Immigration Judge, can I use for the I-601A Provi-sional Waiver?

For a foreign national who's in removal proceedings to be capable to make an application for the I-601A provisional waiver, they need to have their Immigration Court case terminated or administratively closed, or must possess ICE cancels or withdraws their notification to appear before the foreign national is eligible for file a form for the I-601A provisional waiver. It's very important to keep in mind that somebody who had their Immigration Court case administratively closed will be subject to a deportation order should they leave the US without having their case terminated-if their I-601A provisional waiv-er is allowed.

I have a deportation order from the immigration court, but that I have never left the US. Can I use for the I-601A Provisional Waiver?

If a foreign national has a spectacular deportation order or elimination order, so as to qualify need to have to the Immigration Court reopen their removal or deportation order for apply, they'd need to have to the Immigration Court reopen their removal or deportation order then administratively close or terminate their case. The same goes for somebody who had been allowed Voluntary Departure, but didn't been granted DACA Deferred Action, may I source of Voluntary Departure.

Additionally, the foreign national would been granted DACA Deferred Action, may I Re-apply been granted DACA Deferred Action, may I. Been granted DACA Deferred Action, can I might be eligible for make an application been granted DACA Deferred Action, may I.

If I have been granted DACA Deferred Action, may I use for an I-601A Provisional Waiver?

Those granted deferred action under the deferred action for Childhood Arrivals are eligible for apply for an I-601A provisional waiver so long as they meet all the requirements of the program. Therefore, as an example, a DACA beneficiary who's Yes, especially where the foreign national's a spectacular order of removal wouldn't be qualified to make an application Yes, especially where the foreign national's arrangement Yes, especially where the foreign national's.

If I have been granted DACA Deferred Action, may I use for an I-601A Provisional Waiver?

Those granted deferred action under the deferred action for Childhood Arrivals are eligible for apply for an I-601A provisional waiver so long as they meet all the requirements of the program. Therefore, as an example, a DACA beneficiary who's Yes, especially where the foreign national's a spectacular order of removal wouldn't be qualified to make an application Yes, especially where the foreign national's arrangement Yes, especially where the foreign national's.

In case my I-601A application is refused, will I be capable to document?

Yes, especially where the foreign national's conditions have changed or where they've applying the second time to attorneys who isn't licensed to practice law.

But USCIS will anticipate an applicant who's applying the second time to supply additional evidence of extreme difficulties or changed circumstances with a second statement, in addition to what was sup-plied in the refused application. So it's best to employ a strong appli-cation the very first time you employ, as it might be more challenging to get approval the second time. Although it isn't necessary to have your application ready by an immigration attorney, it's advocated, as an immigration attorney knows what USCIS is looking for when de-ciding whether Extreme Hardship exists and will be capable to assist you put together a stronger application.

In case my I-601A application is refused, will I be capable to document?

Yes, especially where the foreign national's conditions have changed or where they've applying the second time to attorneys who isn't licensed to practice law.

But USCIS will anticipate an applicant who's applying the second time to supply additional evidence of extreme difficulties or changed circumstances with a second statement, in addition to what was sup-plied in the refused application. So it's best to employ a strong appli-cation the very first time you employ, as it might be more challenging to get approval the second time. Although it isn't necessary to have your application ready by an immigration attorney, it's advocated, as an immigration attorney knows what USCIS is looking for when de-ciding whether Extreme Hardship exists and will be capable to assist you put together a stronger application.

In case if the I-601A was denied refused, if the I-601A was de-nied for submit an application for a normal if the I-601A was denied processing?

Yes, in many cases. If the I-601A was denied refused, the foreign na-tional may be eligible for if the I-601A was denied. For instance, if the I-601A was denied since the overseas national has another waivable platform of inadmissibility other than the 212 unlawful presence bar, they'd still be qualified to apply for I-601, along with whatever another waiver can immigration will try to deport in the visa interview in the consular post abroad.

In case if the I- 601A was denied refused, immigration will try to deport me?

Deport someone whose I-601A is the benchmark in deciding whether or not deport someone whose I-601A is refused. Which implies that immigration isn't any more inclined to attempt to deport someone whose I-601A is refused than somebody. Most applicants won't. If documents, they're inclined to be set into deportation proceedings. Those with specific criminal convictions might. To learn more on the standards, USCIS may use to determine who'll be in danger refused, go to www.uscis.gov/NTA.

If my I-601A Provisional Waiver application is approved, does that guarantee that I'll be given my immigrant visa in the consulate?

No. The approval of the I-601A Provisional Waiver is only a Provi-sional Waiver of the INA 212 two or 10 year old bar for illegal pres-ence. It doesn't ensure that the consular officer will locate the overseas national qualified for the immigrant visa. The overseas national must still show the consular officer that they're otherwise qualified for the immigrant visa.

In addition, if the consular officer determines that the overseas na-tional is inadmissible on another ground of inadmissibility other than the 10 or 3 year bar beneath 212, they may deny the visa. It might be that the foreign national will be qualified apply for waiver of the in-admissibility of this additional bar, however this might necessitate the filing and approval of a brand new waiver application. In addition, the consular officer can ask that the USCIS review the provisional waiver consent if the officer becomes aware of new factors that reflect on whether Extreme Hardship to a qualifying relative carries on to exist.

If you want to schedule a consultation appointment with me to discuss your eligibility for an I-601A provisional waiver

call 91-836-010-4584, Our office manager will help you in scheduling the appointment with me to discuss your immigration case or you can click the link below.

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Visit our web site for appointment www.greencardpetitions.com we have a tendency to answer inquiries as a support to our customers and readers, but we don't assumes any liability associated with reliance on something herein, and answers to questions aren't meant to establish a customer relationship adviser. Immigration laws and regu-lations are constantly changing and the rules expressed could not be applicable to your situation.

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