![]() ![]() ![]() For this additional reason, it’s important to use an attorney. The potential benefits of the I-601A waiver are significant enough to take the risk provided that you have a well-prepared case that is likely to be approved. Remember, you are also disclosing your name and address to the government while also admitting that you have been in the United States unlawfully. RECOMMENDED: How to Find an Immigration Attorney ![]() We highly recommend obtaining the assistance of an experienced immigration attorney to help you through the process. ![]() citizen or lawful permanent resident spouse or parent. You’ll need to submit substantial evidence to support your claim that refusal of your admission to the United States will cause extreme hardship to your U.S. However, making a request is much more complicated than preparing a form. At the time of writing this article, the USCIS fee is $630 (plus $85 for biometric screening under the age of 79). Individuals who wish to apply for an unlawful presence waiver must file Form I-601A, Application for Provisional Unlawful Presence Waiver. Generally, you are not eligible for a provisional unlawful presence waiver if you are in removal proceedings or have a final order of removal, exclusion, or deportation. More than 180 days, but less than 1 year, during a single stay or.Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:.Meet all other requirements for the provisional unlawful presence waiver, and the Form I-601A and its instructions.citizen or permanent resident spouse or parent. Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S.Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with Department of State (DOS) because you are the principal beneficiary of an approved Form I-130 (Petition for Alien Relative) or are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS.Be physically present in the United States to file your application and provide biometrics.To be eligible for a provisional unlawful presence waiver through a family-based petition, you must meet ALL of the following conditions: Citizen After a Visa Overstay Eligibility for Unlawful Presence Waiver This privilege is generally limited to immediate relatives (spouses, parents and unmarried children under age 21) of U.S. Permanently, if you reenter or try to reenter the United States without being admitted or paroled after having accrued more than one year of unlawful presence in the aggregate during one or more stays in the United States.Ĭertain individuals may be able to apply for a green card even after an unlawful presence inside the United States.10 years, if you depart the United States after having accrued one year or more of unlawful presence during a single stay (INA section 212(a)(9)(B)(i)(II)) or.3 years, if you depart the United States after having accrued more than 180 days but less than 1 year of unlawful presence during a single stay (INA section 212(a)(9)(B)(i)(I)).You may be barred from reentering the United States for: Unlawful presence can have significant, long-term consequences. Overstayed an otherwise authorized period of stay or.You have likely accumulated unlawful presence if you: Unlawful presence is not necessarily the same as being undocumented. The process of getting a green card can get very complicated for persons who have accumulated a certain amount of “unlawful presence” in the United States. The I-601A waiver deals with only one reason – unlawful presence. These reasons are known as grounds of inadmissibility. The government may deny permanent residence (green card) for a variety of reasons, such as crimes, fraud, immigration violations, health problems and even the likelihood of becoming a public charge. The I-601A waiver (also known as a “provisional waiver” or “stateside waiver”) provides a solution for many immigrants with this problem. Leaving the United States for the consular interview may trigger a bar to reentry due to the illegal time spent in the U.S. Many foreign nationals find themselves eligible for a green card but cannot finish the application process due to unlawful presence in the United States. ![]()
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