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Provisional Unlawful Presence Waiver (I-601a Waiver)

The I-601A waiver is a provision available to certain foreign nationals who are immediate relatives of U.S. citizens. This waiver,…

The I-601A waiver is a provision available to certain foreign nationals who are immediate relatives of U.S. citizens. This waiver, officially known as the Provisional Unlawful Presence Waiver, allows an applicant to attend their immigrant visa interview abroad and return to the U.S. afterward. It provides an avenue for them to seek forgiveness for their unlawful presence in the U.S. and avoid triggering the ten-year bar upon departure. This waiver is specifically designed to address the hardship that families face when separated due to immigration laws.

Eligibility and Application Process

To be eligible for an I-601A waiver, an applicant must meet certain criteria.

  • Applicant must have an approved immigrant petition
  • Applicant must be an immediate relative of a U.S. citizen, such as a spouse, parent, or unmarried child under the age of 21.
  • Applicant must demonstrate extreme hardship to the U.S. citizen relative if they were to be separated (hardship can be emotional, financial, or medical in nature)
  • Applicant must be physically present in the U.S.

The application process for an I-601A waiver involves several steps. The applicant must first file Form I-601A, along with supporting documents that substantiate the claims of extreme hardship. These documents may include medical records, financial statements, and affidavits from family members or experts. After the application is submitted, the U.S. Citizenship and Immigration Services (USCIS) reviews it to determine whether the extreme hardship requirement has been met.

Benefits of an I-601A Waiver

The I-601A waiver plays a vital role in keeping families together and helping them to avoid the burden of separation. It recognizes the importance of family unity and the devastating consequences that separation can have on both the immigrant and the U.S. citizen relative, and it provides a compassionate solution to their predicament.

Additionally, the I-601A waiver promotes fairness and efficiency within the immigration system. By allowing applicants to request waivers before departing the U.S. it reduces the uncertainty and risks associated with lengthy separations. This provision helps avoid the triggering of the ten-year bar, which would otherwise prevent the individual from reentering the country legally for a significant period.

The I-601A waiver represents a compassionate approach to immigration, and through this provision, eligible individuals can seek relief. However, the application process can be complicated and stressful for families facing extreme hardship because of immigration laws. For this reason, it is best to seek assistance from a competent immigration professional who will work diligently on behalf of your family to guide you through the risky and complicated process. At US-ILC, we will work tirelessly to keep your family unit intact.

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