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6 Criteria That Make You Ineligible for an I-601A Waiver

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:

  1. You not are physically present in the United States
  2. You are 16 years of age or younger
  3. 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
  4. You do not have an immigrant visa case pending with the U.S. Department of State
  5. You already have an interview scheduled at the foreign consulate
  6. 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.

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