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Unlawful Presence

There are many grounds of inadmissibility that can prevent someone from being granted a visa, green card or entry to the United States. The four most common grounds of inadmissibility are unlawful presence, fraud, criminal convictions and prior orders of deportation. This post examines the unlawful presence ground of inadmissibility.

I-601A provisional waivers allow certain spouses, parents and minor children of U.S. citizens to waive the unlawful presence ground of inadmissibility if they are physically present in the U.S. and remain in the country while applying for the waiver to become a permanent resident. The I-601A provisional waiver only waives the unlawful presence ground of inadmissibility.

In order to qualify for a provisional unlawful presence waiver, you must:

1. Remain in the U.S. while filing the provisional waiver,
2. Only be inadmissible due to unlawful presence in the US,
3. Qualify as an immediate relative (children, spouse or parents) of a U.S. citizen spouse,
4. Be the beneficiary of an approved I-130 relative petition,
5. Have a case pending with the Department of State based on the approved I-130 petition,
6. Pay the immigrant visa processing fee, and 7. Prove extreme hardship to a U.S. citizen spouse or parent.

If your waiver is approved, you must leave the U.S. for an immigrant visa interview at a designated U.S. Embassy or Consulate. A U.S. consular officer will decide whether or not you are otherwise admissible to the U.S. and eligible to receive a visa.

Call us today for a free consultation at (312) 829-2465 if you have any questions or concerns about whether you qualify for an I-601A provisional unlawful presence waiver.

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