Who qualifies for the I-601A provisional waiver?

Who qualifies for the I-601A provisional waiver?

The provisional unlawful presence waiver is better known as the I-601A provisional waiver. The people who need this forgiveness are those who accumulated illegal presence in the following way:

  • If you arrived in 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 remain in the United States expired.
    • If the family member who is asking you is your immediate family member such as a child over 21 years of age or your wife, you do not need the forgiveness since you qualify to request your visa for the United States. All other people who are not in the aforementioned case will need forgiveness.

The provisional waiver only “forgives” your illegal stay in the United States. The law penalizes all people who entered the United States and stayed for more than 6 months without documents. When a family member asks you and you need to go to your country of origin for 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 sentence of 10 years. An approved application absolves the sentence 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 home country.

Which are the requirements for a I-601A provisional waiver?

  • Be physically present in the United States when you submit your petition.
  • Go to an appointment to provide your fingerprints. bitdefender 2016 torrent
  • Be over 17 years old.
  • Have a visa available with which you can attend your appointment in your country of origin at the American embassy or consulate. The immigrant visas mentioned below are those that qualify:
    • Approved Form I-130 based on a family member’s petition.
    • Approved Form I-360 based on the petition of a Eurasian, widow(er), or special immigrant.
  • Show that you paid the processing fee for your immigrant visa with the Department of State.
  • You are inadmissible to the United States for a period of unlawful presence.
  • Demonstrate that, if your immigrant visa were denied, it would cause extreme hardship to your spouse or parents, if applicable, who are American citizens or permanent residents.

American citizen or resident children do not qualify you for this forgiveness!

Remember that this forgiveness only forgives your illegal stay in the United States. If you have multiple exits and entries into 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 could make you ineligible for the visa and that for that reason you need another waiver 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.