Waivers
The Application for Waiver of Grounds of Inadmissibility, commonly called the I-601 Extreme Hardship Waiver and the Application for Provisional Unlawful Presence Waiver, also called the I-601A Provisional Waiver, may be available to you. Both serve a specific purpose and require careful documentation along with all required Initial Evidence and documentation.
Some foreign nationals may be deemed inadmissible under INA 212(a). This may be for several reasons including unlawful presence, criminal violations, immigration fraud or misrepresentation. If you are considered inadmissible, then you must obtain a waiver of inadmissibility if you are seeking lawful permanent resident status, a green card.
I-601A Unlawful Presence Waivers
The provisional unlawful presence waiver is for certain immigrant visa applicants who are spouses, children, and parents of U.S. citizens (immediate relatives) or lawful permanent residents. The waiver asks the United States government to excuse the applicant’s unlawful presence INA 212(a)(9)(B). The waiver is most used when someone enters the United States unlawfully or without proper documentation and who marries a United States citizen or lawful permanent residents.
The 601A waiver is a “stateside” waiver. Meaning you apply for the waiver of the three- and ten-year bars for unlawful presence before leaving the U.S. to attend the consular interview. If your provisional unlawful presence waiver is approved, you then depart the U.S. to attend your immigrant visa interview abroad, and if you are otherwise eligible, the consular officer will issue your immigrant visa. This avoids the uncertainties of leaving the United States prior to a waiver approval.
I-601A Waiver Eligibility
- You must be physically present in the United States to file your application and to provide biometrics.
- You must be 17 years of age or older at the time of filing.
- You must be the beneficiary of an approved immigrant visa petition classifying you as the immediate relative of a U.S. citizen or permanent resident (Form I-130)
- Intend to depart the United States to attend an immigrant visa interview at a U.S. consulate or Embassy abroad
- Have paid the immigrant visa processing fee
- Show that, if not granted the waiver and green card, your qualifying U.S. relative(s); will suffer extreme hardship as a result.
- Show that there is a strong reason that you and your spouse can’t live together in your home country
- You must only be inadmissible to the United States because of unlawful presence 212(a)(9)(B) and for no other reason. Meaning: more than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II))
- If other inadmissibility issues are discovered later, an approved I-601A will be revoked. Additionally, if a new inadmissibility ground is identified at the consulate for which no waiver is available, you will have no legal way to return.
- Warrant a favorable exercise of discretion
Spouse entered illegally
If your spouse entered the United States illegally but has been in the United States for less than 180 days, he or she could generally return home and apply for a green card through the U.S. consulate (consular processing).
If your spouse has been in the United States for more than 180 days without legal status, he or she will be subject to a time bar for reentry. To avoid this bar, your spouse would need to apply for a I-601A Unlawful Presence Waivers, while they are in the U.S (discussed above) to be able to depart the United States and return sooner. The waiver can be available to spouses married to U.S Citizens and Lawful Permanent Residents (green card holders).
I-601 Extreme Hardship Waivers
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What can a lawyer help me with?
Immigration laws are subject to dramatic and sudden changes and the details of your individual situation are important considerations. Submitting a waiver is a serious undertaking and most likely will require clear and convincing evidence and extensive documentation. Because of the risk of not being able to return to the United States, or having the waiver revoked, we recommend calling our office to consult with an attorney as soon as possible. We have a comprehensive screening tool for any stage of the process.
However, if you are just starting out, we can tell you if you will mostly likely need a waiver and start working on it immediately, so it is ready to file, without any delays. If you have already been found inadmissible your entire future and family may be depending on a positive outcome. Let us do the work, call our office today.
Since U.S. immigration law is federal, we are legally authorized to represent clients who reside throughout the United States as well as around the world.
Our clients receive the following personalized services:
- Consultation with attorney to develop a legal case theory
- Expert Attorney preparation of your USCIS petitions and consular forms
- Draft a comprehensive legal memorandum for use in support of the waiver application, that sets forth all legal elements showing that you meet the extreme hardship standard
- Constant monitoring and updating
- Preparation for the interview as needed
- Continued immigration support
- Digital access to your documents and easy to use online client account
- Work with you, your family member, friends, and other parties as appropriate to develop the supporting documentation
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