Do you want to potentially shorten the time that you’re away from your loved ones while you seek to obtain an immigrant visa? A provisional waiver attorney from our firm may be able to help. If you believe this applies to you and your situation, don’t hesitate to reach out for a free case evaluation.
This waiver is designed for individuals who are ineligible for Permanent Residency due to unlawful presence in the United States. What that means is that waiver provides a solution for those who are otherwise inadmissible due to unlawful presence. If that sounds serious, it is: it could result in a three- or ten-year bar upon leaving the U.S.
However, if you are an immediate relative of a U.S. citizen, however, you may have the opportunity to apply for this provisional waiver. The I-601A waiver allows you to secure a decision on your eligibility before leaving the U.S. for your immigrant visa interview at the U.S. Embassy or Consulate in your home country. We can help you through every step of the process.
Am I Eligible for the I-601A Waiver?
More people are eligible for this waiver than you might initially think. When you schedule a free case evaluation with us, we will help you to determine eligibility.
Yes, immediate relatives of US citizens are eligible. In fact, to be eligible, you must be an immediate relative of a U.S. citizen. Immediate relatives include spouses, parents, or unmarried children under the age of 21. Speaking of age, you must be at least 17 years of age to apply for the I-601A waiver.
Where you apply from matters, too. You must be physically present in the U.S. at the time of applying for the I-601A waiver. The waiver is not available to individuals outside the U.S.
To establish that your relationship with the US citizen in question is familiar, you must be the beneficiary of an approved I-130, Petition for Alien Relative, or an approved I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Beyond all of this, you must demonstrate that your U.S. citizen relative (spouse, parent, or child) would face “extreme hardship” if you were not permitted to remain in the U.S. This hardship could involve financial, medical, emotional, or other significant burdens that would be difficult for your relative to bear. We can create the best, most compelling case on your behalf.
What Documentation is Required for I-601A Waiver?
Filing for an I-601A waiver involves significant documentation. Failure to provide the necessary evidence can result in delays or denials. We can help you to gather all of the relevant documentation and to present it in the best way possible.
You’ll need proof of relationship, some kind of documentation demonstrating your relationship with the qualifying U.S. citizen relative. This can take the form of marriage certificates, birth certificates, and the like. This relative must be a US citizen/lawful permanent resident, so we’ll need proof of their citizenship/residency, too.
You must have been admitted to paroled into the US legally as well, so proof of that will be required. Additionally, you will need evidence that your U.S. citizen relative would experience extreme hardship if you were not allowed to remain in the U.S. This can include financial documents, medical records, and personal affidavits.
There are fees involved as well. Plus, you must submit fingerprints and other biometric data as part of the process. This may all seem like a lot, yes, but we can be by your side through every step of the process.
What to Remember About the I-601A Waiver
As much as this waiver can help, it does have its limits. For example, it’s important to note that the I-601A waiver itself does not grant legal status in the U.S. or authorize employment. Its sole purpose is to excuse your unlawful presence, allowing you to pursue your Green Card without facing the typical bars to reentry that result from leaving the country.
Moreover, approval of the waiver does not guarantee approval of your overall immigration case. You will still need to attend the consular interview and demonstrate that you meet all other requirements for an immigrant visa. We can help you with all of that as well.
A Provisional Waiver Attorney on Your Side
The process can be lengthy and complicated, but securing an I-601A waiver is often the only path for many individuals seeking to remain in the U.S. Given the stakes involved, it’s in the best interest of you and yours to approach this application with care and ensure that all required documentation is in order.
An immigration attorney can help guide you through each step of this process, reducing the risk of errors and increasing your chances of success.
To see how we can help, schedule a free case evaluation through our site or call.
