I-601A Provisional Unlawful Presence Waiver Requirements
The process toward gaining an I-601A provisional waiver of the unlawful presence grounds of inadmissibility can be time consuming, and it can be fruitless if you do not meet all of the requirements.
In addition to being physically present in the United States and over 17 years old, I-601A waiver seekers must meet several more criteria. If you are unclear about what other requirements are necessary to acquire this provisional waiver, it may be helpful to sit down with an I-601A lawyer.
Criteria for a Provisional Waiver
To be eligible for an I-601A provisional waiver of the unlawful presence grounds of inadmissibility individuals must meet all of the following criteria:
If a foreign national has a parent or spouse who is a United States citizen (USC) or lawful permanent resident (LPR), they might seek an immigrant visa based on this relationship. However, if the immigrant visa petitioner is unlawfully present in the United States, they may also need to apply for an I-601A provisional waiver.
The length of time that one is unlawfully present in the United States is also a factor in determining whether or not an I-601A will be approved. Therefore, it can be important to discuss this matter with an experienced provisional waiver attorney.
Period of Unlawful Presence in the United States
Individuals who believe that they have been unlawfully present in America may apply for an I-601A if they have been in the United States for either of the following periods of time:
Extreme Hardship to a USC or LPR Spouse or Parent
Finally, petitions for an I-601A provisional waiver should be accompanied by documentation of extreme hardship on a spouse or parent who is a United States citizen or lawful permanent resident. A provisional waiver attorney may provide examples of persuasive documents during an I-601A consultation.
Some ways to show extreme hardship are with family photos that show the closeness of parent and child, tax documents that show that the noncitizen spouse earns all or a large portion of the family income, and evidence of any health issues that are impacting the USC or LPR spouse or their children.
Who is not eligible for an I-601A provisional waiver?
Persons who are unlawfully present in the United States and are in removal proceedings may not be eligible for an I-601A provisional waiver if their case has not been administratively closed. Even if a person’s removal proceedings have been administratively closed, they may not be eligible if their case has been calendared to continue the process with the Executive Office for Immigration Review (EOIR).
Other persons who may not qualify for an I-601A provisional waiver include those who have received an order of removal, exclusion, or deportation, including those that were issued in absentia. In both instances it can be important to discuss your case thoroughly with a provisional waiver attorney, so that you can address these issues prior to submitting your form I-601A.
After the I-601A Provisional Waiver is Approved
An approval of an I-601A petition does not mean that you will automatically receive a U.S. immigrant visa. After receiving your approval of the provisional waiver, you will need to depart the United States and attend a consular interview in your original country.
Protection From Deportation After Approval
I-601A recipients are required to exit the United States so that they may attend an interview on the matter at the foreign consulate. Therefore, persons who are in the United States when they receive their approval notice may not use it to protect themselves from deportation.
If an individual is concerned that they may be deported from the United States, this may be a matter that should be discussed with an I-601A provisional waiver lawyer.
Interim Benefits After Approval of a Provisional Waiver of Inadmissibility
Another caveat for persons with an approved I-601A provisional waiver of inadmissibility is that they may not apply for interim benefits in the United States before their consulate interview. Because the approved I-601A waiver does not mean a guaranteed green card, individuals must not apply for benefits that could render them ineligible during the consulate interview.
Could your I-601A provisional waiver of inadmissibility be revoked?
Unfortunately, even if you are approved for an I-601A provisional waiver during your process toward gaining an immigrant visa, there is always the possibility that it could be revoked. To avoid such misfortunes, it may be prudent to work closely with your I-601A provisional waiver attorney and share as much information as possible with them.
Situations Where an Approved I-601A Could Be Revoked
The following are examples of times when a provisional waiver of inadmissibility may be validly revoked:
You may be able to benefit from the experience of a seasoned I-601A immigration lawyer who is aware of the various pitfalls during the immigrant visa process. Contacting competent immigration counsel can make all the difference in your I-601A journey.