Not everyone is eligible to apply for an I-601A waiver (a.k.a. the I-601 provisional waiver). If any of the six criteria below applies to you, you are not likely to be eligible to apply for an I-601A waiver:
- You not are physically present in the United States
- You are 16 years of age or younger
- You are not (or cannot be) the beneficiary of an approved immigrant visa petition (I-130) classifying you as the immediate relative of a U.S. citizen
- You do not have an immigrant visa case pending with the U.S. Department of State
- You already have an interview scheduled at the foreign consulate
- You are inadmissable to the U.S. for any reason other than unlawful presence
There are many other issues that come in to play with I-601A waivers, particularly the challenge of proving extreme hardship. If you are not a beneficiary of an immigrant visa petition (I-130), or do not have a visa case pending, you need to see an experienced attorney to determine if you qualify as an immediate relative for and I-130 petition and have a proper qualifying relative for the I-601A waiver hardship determination.
Kalita Law offers free phone consultations and can help you determine if an I-601A waiver is right for you and your family. Contact us today and begin the process of becoming a legally documented U.S. resident.