I-601A Provisional Waiver
If you have lived in the U.S. for over 1 year without proper documentation, either you entered without inspection or you overstayed your visa, you have accrued unlawful presence. Unlawful presence affects all those who want to become legal permanent residents through a family member and who have to attend an interview in their country of origin (consular processing). At the time you return to your home country, you trigger a 10-year bar which prevents you from returning to the U.S. unless a waiver is granted.
You are eligible for the provisional waiver before leaving the U.S. to attend the visa interview if:
- You have an immigrant visa petition through a family member, work, or VAWA (domestic violence)
- You must show that your U.S. or legal permanent resident spouse or parents will suffer extreme hardship if you must remain in your home country for 10 years
IMPORTANT: A U.S. citizen child does not make you qualify for the provisional waiver
The provisional waiver was established by President Obama in 2013 where it allowed only family members of U.S. citizens to benefit from this waiver. On July 2016, President Obama expanded this waiver to include family members of legal permanent residents.
Once your I-601A provisional waiver is granted, you can safely go to your home country for the visa interview knowing that you will return to the U.S.
If you have a pending immigration court case or you were granted a voluntary departure by the immigration judge, you could also qualify for this waiver. Contact attorney Yunuen Mora of Cross Border Lawyer so she can assess your case
I-601 Waiver
You are required to file the I-601 waiver if you are inadmissible to the United States for the following reasons:
- Fraud or Misrepresentation – if you ever used false documents to enter the United States or you lied/misrepresented information in a form or to an immigration officer
- Committed certain crimes
- Alien smuggling – you helped your spouse or children enter the United States without documents
- Unlawful presence – you lived in the United States for over 1 year without documents
Depending on the inadmissibility issue, there are many factors that must be established to qualify for the I-601 waiver. Contact attorney Yunuen Mora to analyze your case.
I-212 Permission to Reapply for Admission
If you were deported, or you have multiple immigration violations, or you were convicted of an aggravated felony, you need to apply for this waiver. You must establish different factors depending on your unique circumstances.
On July 2016, the Department of Homeland Security introduced an opportunity to apply for I-212 for individuals who were in removal proceedings and were granted voluntary departure, but they never left the United States. These individuals qualify to file the I-212 within the United States to then apply for the I-601A waiver for unlawful presence. Once both waivers are approved, these individuals can safely travel to their country of origin for their visa interview.
If you believe you qualify for a waiver, please contact attorney Yunuen Mora so she can help you with this complex process.
