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Do you qualify for a waiver of unlawful presence?

us flag.jpg An I-601A waiver only waives the unlawful presence element of inadmissibility. Unlawful presence refers to unauthorized periods of stay in the US. You may qualify for a waiver if you can prove that a qualifying relative, which is defined as a United States’ citizen parent or spouse, will suffer extreme hardship if you are not admitted to the US.

Applicants must provide substantial documentation of the extreme hardship that the qualifying relative will experience if he or she remains in the US without the applicant or he or she leaves the country with the applicant. Extreme hardship is determined by the facts and circumstances of each individual case. However, it must be more than the hardship that would be experienced as a result of removal or separation. Some factors that could be considered when determining whether a qualifying relative will face extreme hardship are: economic detriment, efforts required in relocating to another country, adjusting to life in another country, and integrating into a different society.

Keep in mind that there are 3 and 10-year bars to re-entry into the U.S. The 3-year bar applies to individuals who have been unlawfully present in the U.S. for an uninterrupted period of more than 180 days, but less than one year, and who voluntarily depart the U.S. The 3-year bar begins when the individual departs the U.S.

The 10-year bar, on the other hand, applies to individuals who have been unlawfully present in the U.S. for a collective period of one year or more and who voluntarily depart the U.S. Unlawful presence begins to accumulate when the individual’s period of authorized stay expires or after an individual enters the U.S. without inspection. The 10-year bar also begins when the individual departs the U.S.

If you think that you may qualify for an I-601A waiver, contact us today for a free consultation and begin the process of becoming a legally documented U.S. resident.