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Things to Consider About a Provisional Unlawful Presence Waiver (I-601A)

Provisional Unlawful Presence Waivers, or more commonly known as I-601A waivers, are very confusing and complicated to complete. Many factors are considered and a lot of documentation is needed to complete an I-601A waiver. That is why you should definitely seek the assistance of a skilled immigration lawyer if you want to complete one. Here are some important things to consider about an I-601A waiver.

Do you qualify for an I-601A Waiver?

To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:

1. Be 17 years of age or older.
2. Be an immediate relative of a U.S. citizen (not a preference category immigrant who has a visa available). An immediate relative is an individual who is the spouse, child (unmarried and under 21), or parent of a U.S. citizen.
3. Have an approved Form I-130, Petition for Alien Relative.
4. Have a pending immigrant visa case with DOS for the approved immediate relative petition and have paid the DOS immigrant visa processing fee (IV Fee).
5. Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.
6. Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
7. Not have been scheduled for an immigrant visa interview by DOS before January 3, 2013.
8. Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.

Proving extreme hardship is critical! It is important to point out that the extreme hardship must fall on the United States citizen, not the immigrant. A lot of evidence will be required to show extreme hardship. Financial records, affidavits, employment evidence, expense reports, medical documentation, birth/marriage/adoption certificates, and other records showing affiliation with a particular group or class of people will be needed to document extreme hardship. Here are some factors that are considered by USCIS when determining if an extreme hardship will exist:

1. Health – If the US citizen has an extreme health condition and needs treatment that is not available in the immigrant’s native country. Additionally, if the trip itself could be detrimental to the US citizen’s health, that may be considered as well.
2. Financial Considerations – Things to consider here may be whether or not the US citizen can find employment in the immigrant’s native country, if the US citizen will suffer extreme financial costs from the move, or if the US citizen will suffer great financial loses from sale of business or home.
3. Education – If the US citizen will lose access to quality education, have their education disrupted, or will not have their educational program available in the immigrant’s native country, these can all be factors in proving extreme hardship.
4. Special Factors – These are things such as language barriers, cultural differences, religious and ethnic obstacles the US citizen might face in the immigrant’s native country. Conditions in the country and persecution of particular groups or classes in the immigrant’s native country may also be considered as well.

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

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