Immigration Waiver I-601A Legal Assistance

An I-601A waiver exists for migrant spouses and immediate relatives of a United States citizen. The waiver requests that the United States excuse the applicant’s unlawful presence. The applicant can apply for the I-601A waiver while they reside in the United States.

You may need assistance with an I-601A waiver application and an I-601A filing fee. It is important to seek out the assistance of an experienced immigration attorney if you have questions regarding I-601A provisional waivers. The I-601A waiver requirements need to be satisfied in a timely manner.

The United States Citizenship and Immigration Services (USCIS) requirements for an I-601A waiver are as follows:

  • The applicant is not scheduled with a U.S. consulate for an immigrant visa review
  • The applicant has not submitted an application for adjustment of status
  • The applicant is not currently participating in deportation or removal proceedings
  • The applicant has not received an order of removal
  • No grounds for inadmissibility exist
  • The applicant must be willing to depart the United States to pursue an immigrant visa from the U.S. consulate in the applicant’s home country
  • The applicant must demonstrate that the qualifying member would suffer extreme hardship if the waiver were denied
  • The applicant must have a parent or a spouse who is a United States citizen
  • The applicant must be the beneficiary of an approved I-130 petition
  • The applicant must be seventeen years of age or older
  • The applicant must be present in the United States

Applicants may request an I-601A Provisional Unlawful Presence Waiver from inside the United States before they leave for their immigrant visa interview. Family members now have to spend less time apart when an applicant requests an I-601A waiver. Those who file an I-601A waiver must still appear at an immigrant visa interview with a United States consular office in their home country.

The USCIS I-601A Waiver Training Manual provides guidance regarding whether an I-601A waiver is approved or denied. The following are some important elements of an I-601A waiver:

  • The applicant must provide complete information regarding the names, birthdates, and receipt numbers for approved immediate relative petitions.
  • The applicant must submit complete answers to the questions and fields in the application materials.
  • The applicant must provide proof that they are the beneficiary of an approved immigrant visa petition and that they are categorized as an immediate relative of a United States citizen.
  • The applicant needs to be able to obtain supporting documents and evidence regarding the qualifying relative’s hardship.
  • The qualifying relative must meet extreme hardship requirements.

The USCIS does not provide an appeals process for denied waivers. You can submit an application again, but the USCIS may refer your case to an immigration judge. It is helpful if you hire an immigration lawyer before you submit an application for an I-601A waiver.

An I-601A waiver may be denied for many reasons, including the following:

  • The applicant is currently involved in removal or deportation proceedings
  • The applicant has medical problems
  • The applicant has a history of criminal conduct
  • The applicant does not satisfy all the necessary requirements
  • The applicant is unlawfully present in the United States

It is vital that all applicants understand that one of the most important parts of the application process is establishing that the applicant’s family member will experience extreme hardship if the applicant is not granted admission to the United States.

All I-601A waiver applicants must submit a complete application. Application instructions are provided by the USCIS. Applicants need to submit to applicable biometric testing. Also, applicants need to pay the filing fee in the amount of $630 and $85 for biometric services.

The I-601A waiver does not in and of itself provide lawful status to an applicant in the United States. The waiver also does not authorize approved individuals to work in the United States. The only purpose of the I-601A waiver is to excuse an applicant’s illegal stay in the United States.

It may take several months to completely process an I-601A waiver. The number of documents necessary to prove the applicant’s case can be staggering. Specific evidence needs to be submitted to substantiate an applicant’s factual claims.

Specific questions regarding when to file an I-601A waiver will depend on the facts and circumstances of your case. If you have questions regarding an I-601A waiver application, then you should speak to an experienced Dallas immigration attorney.

Contact Le & Le, PLLC Today

Contact us today to schedule a consultation. Our experienced immigration lawyers can provide you with exceptional legal representation while answering all of your questions regarding the I-601A waiver process. A knowledgeable immigration attorney can help applicants get through every stage of the I-601A application process. Applicants typically need an attorney to fill out necessary forms, obtain evidence and documents, and to file the application. We can assist you with all of your immigration needs.