The provisional exemption for illegal presence is better known as the I-601A provisional pardon. The people who need this forgiveness are the ones who accumulated illegal presence in the following way:
- If you came to the United States without documents and have stayed here for more than 6 months.
- If you arrived in the United States on a visa and stayed for more than 6 months after your permission to stay in the United States expired.
- If the family member requesting you is your immediate family member as a child over the age of 21 or your spouse, you do not need forgiveness because you qualify to apply for your mica in the United States. All other people who are not in the aforementioned case will need forgiveness.
The provisional exemption only “forgives” your illegal stay in the United States. The law penalizes all people who entered the United States and who stayed for more than 6 months without documents. When a relative asks you and you need to go to your country of origin to an interview at the American consulate or embassy, you are given a sentence of 3 years or 10 years depending on the time you were without documents. All those who have been in the United States for more than 1 year without documents, will have a penalty of 10 years. An approved application absolves the penalty of 3 or 10 years and that way you can return to the United States as a resident immediately after your interview at the American Embassy in your country of origin.
Which are the requirements?
- Be physically present in the United States when you submit your request.
- Go to an appointment to provide your prints.
- Be over 17 years old
- Have an available visa with which you can go to your appointment in your country of origin at the American embassy or consulate. The immigrant visas mentioned below are those that qualify:
- Form I-130 approved based on a family member’s request.
- Form I-360 approved based on the request of a Eurasian, widower, or special immigrant.
- Show that you paid the processing fee for your immigrant visa with the State Department.
- You are inadmissible to the United States for an illegal face-to-face period.
- Show that if you are denied an immigrant visa, this will cause extreme hardship to your spouse or to your parents, if any, who are US citizens or permanent residents.
American citizen children or residents do not make you qualify for this forgiveness!
Remember that this forgiveness only forgives your illegal stay in the United States. If you have several exits and entrances to this country or committed a crime, you will not qualify for forgiveness. You also have to make sure that you do not have other things that can make you ineligible for the visa and that for that reason you need another pardon since you are in your country of origin. It is important that an immigration lawyer analyze your case.
Contact us if you need guidance for this process.