In 2013, the Department of Homeland Security began allowing family members of U.S. citizens or Legal Permanent Residents who are otherwise ineligible to adjust their status in the U.S. due to unlawful presence, to apply for an I-601A provisional waiver in the United States without having to depart. The I-601A provisional waiver provides the applicant the ability to request a waiver of a multi-year bar for unlawful presence. Once the applicant’s waiver is approved, the applicant will be eligible to attend their consular interview appointment in their native country. The 601A provisional waiver solely deals with the unlawful presence ground of inadmissibility.
Eligibility for an I-601A Waiver is as follows:
The applicant must be currently in the U.S. and at least 17 years of age.
The applicant must be in the process of acquiring an immigrant visa based on a petition by a family relative or an employer or another qualifying basis.
The applicant must be inadmissible to the U.S. because it has accrued 180 days or more of unlawful presence in the U.S. after its 18th birthday.
The applicant must also be able to show evidence that denial of the waiver would cause a spouse or parent who is a U.S. citizen or lawful resident to suffer extreme hardship.*
The applicant must be willing to leave the U.S. in order to attend their consular interview.
* The following are a couple of arguments the applicant can make to prove the extreme hardship to the Qualifying Relative: 1) The Qualifying Relative has a medical condition and depends on the foreign-born person for care; 2) The Qualifying Relative is financially dependent on the foreign-born one and it will not be possible to provide adequate support from abroad; 3) The Qualifying Relative has financial debts in the United States and cannot pay them without support from the foreign-born relative; 4) The Qualifying Relative has a sick family member and will be unable to care for that person without support from the foreign-born relative; 5) The Qualifying Relative is the caregiver for children and cannot afford childcare in the absence of the foreign-born relative; 6) The Qualifying Relative is experiencing clinical depression as a result of this immigration situation.
601A Waivers are complicated and often require the help of knowledgeable professionals to obtain a successful outcome. At the Jurado Firm, we have the experience you need in handling 601A Waivers to ensure that you obtain the best possible outcome in your 601A Waiver case. Give us a call, our initial consultations are free of cost.