Archive for the 'I-601 Waivers' Category

The Top 10 Questions on Hardship Waivers





Here at the Ranchod Law Group we take great pride in the waivers we complete for our clients. As we talk to Clients, their needs emerge under the shape nad form of questions we are confronted with on a daily basis – here are the top ten questions new waiver clients tend to ask.

1. Why do I need a waiver?

Three common reasons for needing a waiver are:

  • having a criminal conviction;
  • entering the U.S. illegally
  • having committed immigration fraud in the past.

There are many other situations requiring the use of a waiver and it is always best to consult with one of our offices regarding your particular needs and concerns.

2. How do I know if I need a waiver?

It is very important to be honest and forthcoming with your attorney. Many potential problems can be addressed by being proactive. For example, if you had an encounter with law enforcement previously, we can request a waiver at the same time you apply for your greencard instead of waiting for a specific request from Immigration or worse, a denial.

3. What type of waiver do I need?

The type of waiver you require depends on your particular circumstances. The waiver for an individual who had a run in with the law, for example, is different from the waiver for someone who entered illegally. At Ranchod Law we have the experience and knowledge to counsel you in all of your immigration needs.

4. Do I need to fill out any forms?

Each waiver process requires an array of forms. It will be our pleasure to correctly fill out all of the forms on your behalf.

5. What information do I need to provide?

We will ask you for all of the information we need in order to completely prepare your waiver case. In addition to the general biographic information (name, date of birth, etc.) we need to learn everything we can about your specific personal circumstances in order to build a strong and detailed case. We have the experience to deal with even the most sensitive personal information.

6. What papers do I need?

We will guide you in order to obtain all of the papers possible to prove your case. Each case has specific circumstances which need to be documented and after we meet with you and learn of your specific situation we can help you build the best case possible.

7. When should I start?

Contact our Sacramento or our San Francisco offices right away. If you are illegal in the U.S. with every passing day you will risk being placed in removal (deportation) proceedings. Also, you will feel tremendous relief to have your immigration status stabilized.

8. How long does the process take?

It is time consuming on our part to build the strongest case possible on your behalf. We have to gather all of the necessary papers and research on your behalf. We also need to write a brief, a detailed written legal argument, to support your waiver. That being said, we can work expeditiously and efficiently to meet your specific needs.
After presenting your case, the immigration processing times vary depending on the type of waiver. Please contact either our Sacramento or our San Francisco offices to discuss your specific waiver needs.

9. How much does a waiver cost?

We charge a flat fee depending on the complexity of your waiver. We can work out a payment plan to fit your needs.
Additionally, there is an immigration filing fee which varies depending on the type of waiver.

10. Can my family benefit too?

Each individual requiring a waiver will need their own. However, by getting your own waiver approved and legalizing your status you may be able to help your family.

Contact our offices now

We are conveniently located in Sacramento and San Francisco. We encourage you to contact us to discuss your particular immigration needs. Call now or fill in the form and we will be in touch.
















Extreme Hardship Status





The new unlawful presence waiver is attracting a growing audience interested in knowing more about the extreme hardship standard.

One of Many Extreme Hardship Examples

The following facts are based on an actual case worked on by a member of Ranchod Law. This case was found to meet the extreme hardship standard in a different type of immigration case. Names have been changed for privacy purposes.

Rolando entered the U.S. illegally and worked hard in a landscaping company. He met and married Daisy and together the couple had a son, Ryan. Daisy had asthma. Ryan suffered from attention deficit disorder (ADD). Daisy’s parents were elderly and lived with Rolando and his family.

In proving Rolando’s case for extreme hardship the first focus was on Ryan’s ADD. The papers that were beneficial to Rolando’s case was Ryan’s Individualized Education Plan (IEP) from his school, a letter from each of Ryan’s two teachers, and a letter from Ryan’s private after-school tutor. Research and documentation was obtained to prove that Ryan would not have access to the educational services he required in Rolando’s home country. Additionally, Ryan didn’t even speak the native language in Rolando’s home country.

In regards to Daisy’s asthma, Daisy’s doctor provided a letter and medical records to prove that she had asthma since childhood. Research and documentation was obtained in regards to the air quality and Daisy’s prospective access to medical services in Rolando’s home country, both were substandard.

Additionally, Daisy’s elderly parents lived with Rolando, Daisy, and Ryan. Her parents had numerous health issues and their doctors provided notes, medical records, and medication lists for them as well.

Daisy would not be able to accompany Rolando to his home country because:

  • she needed to care for Ryan here where he would have access to the schooling and tutoring he needs;
  • Daisy’s asthma would be aggrieved in Rolando’s home country
  • Daisy had to stay in the U.S. to care for her elderly and sickly parents.

Proving Extreme Hardship

From a financial perspective, Rolando was the only one employed in his family. He supported Daisy, Ryan, and Daisy’s parents. Daisy would not be able to support the family without Rolando because:

  • taking care of Ryan and her parents was a full time job;
  • she had not worked in over a decade;
  • she had no formal schooling or practical skills.

Rolando would not be able to support himself and his family from abroad because his only skills were in landscaping and there was not an industry for that in his home country. Additionally, with no formal education and no other skills he would not be able to find adequate alternate employment.

Rolando also had the following additional factors that benefited his case:

  • he had been living in the U.S. a long time;
  • he did not have a criminal history;
  • he paid his taxes every year;
  • he had worked his way up from working at a landscaping company to owning his own small landscaping company.

Although one factor in and of itself would not have been sufficient to prove extreme hardship when looking at all the factors together Rolando’s extreme hardship case was successful. Between the papers he provided and the research completed on his behalf Rolando was able to meet the extreme hardship standard.

Please contact one of our offices so that we can discuss what factors we should emphasize in your particular case and the types of papers you can bring us to strengthen your case. We look forward to researching and presenting the best case possible on your behalf.

We encourage you to contact one of our offices to see if you qualify for a waiver and to discuss whether your particular circumstances seem to meet the extreme hardship standard.
















Waiver for unlawful presence





Individuals who are or were in removal (commonly referred to as “deportation”) often request our assistance here in Santa Clara and Sacramento California. It is a critical situation to manage; many in this trying situation ask for information we present in this post regarding possible relief in the form of the unlawful presence waiver (form I-601a) released by U.S. Immigration in March of this year.

If you are in removal proceedings

If you are currently in removal proceedings, you cannot currently apply for the unlawful presence waiver.

However there is a possibility to explore: we could see if you would be a good candidate for administrative closure of your removal case which would then make you eligible to apply for the waiver.

When you are in administrative closure

When your removal case is in “administrative closure” you are still in removal proceeding but you do not have a future date with the immigration court calendared and you can apply for the unlawful presence waiver. As example of someone who might be a good candidate for administrative closure would be an individual who:

  • has resided in the U.S. for a long period of time;
  • does not have a criminal history;
  • has close family ties.

If you were in removal proceedings

If you were previously in removal proceedings, you may be able to apply for the unlawful presence waiver depending on the result of your removal proceedings. If your removal proceedings were administratively closed, as discussed above, you can apply. If your removal proceeding were dismissed or terminated, you can also apply.

In any one of the following scenarios:

  • administrative closure;
  • dismissal;
  • termination;

you should not delay in applying because if you are placed back in active removal proceedings you would then be ineligible to apply and you could face deportation from the U.S.

If you have an order of removal

If you have an order of removal, deportation, or exclusion against you, you cannot apply for the unlawful presence waiver. There is a possibility for an appeal or motion to reopen and/or reconsider the order against you.

Let us help you sort things out

Contact us now if you are unsure of the result of your removal proceedings. We can help you sort though the legal jargon and discuss the options available to you.
















Form I-601a: Common Misconceptions about the New Unlawful Presence Waiver





Sorting Fact from Fiction: The New Unlawful Presence Waiver

In March of this year the USCIS (U.S. Immigration) released a provisional unlawful presence waiver (form I-601a).

With this waiver, individuals who are inadmissible to the U.S. for unlawful presence (for example, in the U.S. illegally after entering illegally) can apply for a waiver of the three and ten year bar (bars to reentry as a result of illegal presence in the U.S.), and, after the waiver is approved, travel to their home country to return with their immigrant visa (a greencard in the U.S.)

Previously, individuals had to wait in their home country, separated from their families and lives in the U.S. for long periods of time and risk not being able to return to the U.S. for three to ten year periods. With this new waiver, available as of March 2013, your departure from the U.S. can be minimal!

Because the unlawful presence waiver has only been around a short time, we have seen many clients with misconceptions about the waiver – here are the top five common misconceptions we’ve encountered thus far:

  1. I can get a work permit while my waiver is pending
  2. FALSE. Your pending unlawful presence waiver does not provide you with any interim benefits. You cannot get employment authorization (a work permit) on the basis of your pending waiver. After approval of your waiver and return from your home country with your immigrant visa, as a lawful permanent resident (greencard holder) you will be able to work legally in the U.S.

  3. I can leave the U.S. while my waiver is pending
  4. FALSE. You should not leave the U.S. while your unlawful presence waiver is pending. Departure from the U.S. after a period of illegal presence will result in a bar to reentry of three or ten years depending on how long you were in the U.S. illegally. There are waivers for individuals who are outside of the U.S. Please contact one of our offices if you are already abroad to discuss your options.

  5. I am in lawful status while my waiver is pending
  6. FALSE. You are not considered to be in lawful status while your unlawful presence waiver is pending. After approval of your waiver and return from your home country with your immigrant visa, as a lawful permanent resident (greencard holder) you will then be in lawful status.

  7. I can get my greencard without leaving the U.S.
  8. FALSE. After your unlawful presence waiver is approved you must leave the U.S. to obtain your immigrant visa at a U.S. embassy or consulate abroad.

  9. I cannot contact an attorney until I have an approved immigrant visa (I-130) petition
  10. FALSE. Although you must have an approved immediate relative immigrant visa (form I-130) petition approved in order to FILE your unlawful presence waiver, you can still contact our offices while the petition is pending or even before the immediate relative petition is filed.

Word of mouth isn’t enough

There are many myths circulating around this new unlawful presence waiver but we at Ranchod Law have the knowledge to help you separate fact from fiction. We’ve already filed numerous unlawful presence waivers and we look forward to helping you on your case.

Let us prepare your Waiver Case

We can work on preparing your waiver case while your immediate relative petition is pending or actually help you with the filing of your immediate relative petition.
















Filing Unlawful Presence Waivers (form I-601A), Demonstration of Extreme Hardship





What papers do I need in order to file my unlawful presence waiver (form I-601A)? How do I show my extreme hardship to USCIS?

Previously, we discussed the basic requirements for the USCIS (U.S. Immigration) provisional unlawful presence waiver (form I-601A). This is a waiver that can be used by individuals who

  • entered the U.S. illegally
  • are immediate relatives of U.S. Citizens.

A U.S. Citizen can file in the immediate relative category for their spouse, parent (the U.S. citizen must be over 21), or their unmarried minor child. This waiver became available in March of this year.

In addition to the basic paper work (certificates, etc.) you will need to establish “extreme hardship” to your qualifying relative (your qualifying relative will either be your U.S. Citizen spouse or U.S. Citizen parent.)

How Extreme Hardship Works

Hardship can be financial and emotional. The types of paperwork you’d need to prove financial hardship can include proof of income and expenses. The types of paperwork that you’d need in order to prove emotional hardship can be your statement and a statement (letter or evaluation) from a:

  • psychiatrist
  • psychologist
  • counselor
  • therapist
  • religious official
  • mental health professional

How Ranchod Law Can Help You

If your qualifying relative has a health problem we could include a doctor’s note and medical records. We could also argue on your behalf regarding the quality and availability of medical services in your home country.

We will also argue on your behalf regarding your ties to the U.S., for example, employment, educational, community, and all family ties. We could also emphasize the length of time you’ve lived in the U.S. We will research and argue the negatives of returning to your home country, fears, lack of opportunity, lack of access to necessities like food, clean water, work, school, and medical services.

If you have a child with special needs, whether educational or mental, we could argue how those special needs would result in extreme hardship to your qualifying relative in your absence.

Each case is unique and has a variety of special facts which should be emphasized. During your initial consultation with us we can discuss the strengths of your particular case and the types of papers that will best highlight those strengths (affidavits, letters, check stubs, income tax returns, bills, other financial records, medical documentation, school records and certificates etc.)

Since March, Ranchod Law is proud to have filed numerous unlawful presence waivers. Additionally, prior to March, we successfully argued extreme hardship for a variety of other immigration cases. We look forward to utilizing our experience to benefit your case.

Contact us now for a consultation

Provisional Unlawful Presence Waiver (Form I-601A)






The Provisional Unlawful Presence Waiver became available as of March 2013 and we have already filed and are preparing these applications. With these waivers, individuals who are inadmissible for unlawful presence (being in the U.S. illegally) can apply for a waiver of this bar, and, after the waiver is approved, travel to their home country to return with their immigrant visa (a greencard in the U.S.) Previously individuals had to wait in their home country, separated from their families and lives in the U.S. for long periods of time and risk not being able to return to the U.S. for three to ten year periods. With this new waiver, available as of March 2013, your departure from the U.S. can be minimal!

In this article, we will cover the basic requirements of the unlawful presence waiver.
The first requirement is that you must be physically present in the U.S. If you are currently abroad, please contact our office to discuss other waivers that might better suit your needs.

Secondly, you must be at least 17 years old at the time of your filing. Remember, however, that if you are under the age of 18 and illegal in the country you may be able to return to your home country and then return back to the U.S. legally without facing a three or ten year bar.

Please contact us to discuss this prior to your departure. Also, you may be eligible for deferred action as a childhood arrival (please return for a future article with a more in depth explanation or contact our offices to discuss your possible eligibility).

Thirdly, you must be the beneficiary of an approved immediate relative (Form I-130) petition. Note that not just any petition (I-130) will suffice. A U.S. Citizen can file in the immediate relative category for their spouse, parent (the U.S. citizen must be over 21), or their unmarried minor child. Additionally, your immigrant visa case must be pending with the Department of State (DOS) and you must have paid the immigrant visa processing fee. We can also help you with the DOS processing.

Also, you must only be inadmissible for your unlawful presence. If you are also inadmissible because of a criminal issue, this specific waiver is not available to you. Please contact our offices to discuss other options.

Finally, in order to obtain this waiver, we need to prove on your behalf that a denial would result in extreme hardship to your U.S. Citizen spouse or parent. Note that you can only use extreme hardship to a child in so far as it would affect your spouse or parent.
Unfortunately, this waiver is not currently available to the relatives of lawful permanent residents (greencard holders) but we encourage you to contact us nonetheless to discuss possible naturalization (U.S. citizenship) for your relative or other options currently available.

We will publish articles on the types of papers or proof you will need to gather in order the strengthen your case for extreme hardship and also an article on the avenues to get your greencard after entering the U.S. illegally, for example, via the border.

Contact us now for legal assistance with your i-601 hardship waiver

Top 5 Myths of Provisional I-601A Unlawful Presence Waivers

Author:

Five Myths on Provisional I-601A Unlawful Presence

Mythbusting Provisional Unlawful Presence Waivers

  1. Lawful Immigration Status. Approval of your provisional unlawful presence waiver does not affect your current immigration status. Although if your waiver and Immigrant Visa do get approved it will ultimately result in obtaining permanent residency. While your waiver application is pending, it does not give you any rights to remain in the country, work in the country, or other rights regarding your status.
  2. Travel Rights. The provisional unlawful presence waiver is distinct from advance parole and does not give you any general travel privileges. If your waiver and Immigrant Visa get approved and you obtain your green card you can travel using your green card.
  3. Protection From Removal. If you are going through removal proceedings, filing the unlawful presence waiver will not stop the removal process nor will it prevent you from being deported. Although, if you are in removal proceedings and your case is administratively closed you may be able to apply for an I-601A waiver. You should consult a qualified I601 attorney to discuss this issue.
  4. Visa Interview Abroad. You still must leave the U.S. to attend your visa interview abroad. The I601A waiver, if approved would allow you to reenter the U.S. following a successful interview.
  5. Guaranteed Visa or Admission to the U.S. You are not guaranteed an immigrant visa or even entry to the U.S. if you are approved for a provisional unlawful presence waiver. The provisional waiver waives one ground of inadmissibility (unlawful presence). Thus, if you entered the Unites States without a visa and are married to a US citizen an I601A waiver would waive your illegal entry (unlawful presence). However, if you have have another immigration violation such as use of fraudulent documents, an I-601A waiver would not resolve these issues.  Even if you are not eligible for the new I601A waiver you could be eligible for the traditional I-601 waiver or other types visa waivers depending upon your own unique circumstances.

The Ranchod Law Group

If you have any questions regarding the new provisional unlawful presence waiver and what it can do for you, contact an experienced hardship waiver attorney at the Ranchod Law Group. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance on I-601A waivers.
The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553

Email:info@ranchodlaw.com

 






Rejection of Provisional Unlawful Waivers for Failure to Prove Fees


Provisional Unlawful Waivers

Failure to Prove Fees

The USCIS has provided very little official guidance regarding the I-601A provisional unlawful presence waiver. So it comes as a surprise that one of the few things that the government published about the waiver was in regard to rejecting applications due to an individual’s failure to provide proof of the required Immigration Visa Application Fee.

Author:

In its News Alert, the USCIS stated that it cannot accept a Form I-601A unless the applicant provides proof that he or she paid the necessary Immigrant Visa Application Fee to the Department of State (DOS).

So before applying for the provisional unlawful presence waiver, applications should be careful to:

  • Pay the Fee. Pay the Immigrant Visa Application Fee to DOS before applying for the waiver;
  • Send Proof of Payment. Include the application fee receipt with your I-601A application. You should make sure that the receipt you send is the official DOS-issued receipt with the National Visa Center Case Number visible on the receipt. You should not provide other types of receipts that you may have such as money order receipts;
  • Obtain Proof of Payment. If you do not have a DOS-issued receipt, there are several ways you can get an official receipt depending upon how you paid. If you paid online, you can get an official receipt by going to the Consular Electronic Application Center (CEAC) site and printing the receipt. If you paid over the mail, you have to request a copy of the receipt from the NVC.

Get Help From a Hardship Waiver Attorney


The Ranchod Law Group

The I-601A provisional unlawful presence waiver is not a long form; however, it can be a complicated form to complete. You have to be careful to follow the instructions and include all requested information including the proof of the required Immigration Visa Application Fee.

Because there is so much at stake with an I-601A waiver, you may want to work with an hardship waiver attorney in the Sacramento area to ensure that you meet all the requirements in the application.

If you fail to properly complete the application, you could have the application returned and your fees lost. In the worst case, your application may be denied and you may be subject to a three- or ten-year bar from your family. In addition you need to provide a persuasive argument explaining why you meet the extreme hardship requirements.

Contact the experienced hardship waiver attorneys at the Ranchod Law Group if you need help with the application. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance.

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Our Offices in Sacramento

The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com

Defects With I-601A Applications


I-601A Applications

The USCIS has been accepting applications for the I-601A provisional unlawful presence waiver, and identified trends in errors with applications, forcing the agency to reject applications

Author:

For almost two months, the USCIS has been accepting applications for the I-601A provisional unlawful presence waiver. In this time, the USCIS has stated that it has noticed obvious trends in defects with individuals’ applications that has forced the government agency to return and reject applications.

We too at the Ranchod Law Group have noticed many of these defects in applications brought to us from clients in the Sacramento area. Fortunately, we were able to fix many of the defects in the applications that clients gave us. Some of the defects include:

  • Removal Proceedings. Many applicants fail to answer Question 25 of Part 1 of the I-601A application that asks whether the application is currently in removal proceedings. While someone in removal proceedings may be ineligible to apply, those whose removal proceedings are administratively closed and have not been put back on calendar may still apply for the waiver;
  • Receipt Number for I-130 or I-360. In question 1 of Part 2 of the application, an individual is required to provide the receipt number for an approved Form I-130 or I-360. You need to have an approved immediate relative immigrant visa petition classifying you as an immediate relative to be eligible for the waiver. If you are unsure if you are eligible, you should talk to a hardship waiver attorney;
  • Consular Case Number. In question 4 of Part 2, the applicant must provide the NVC consular case number. Your NVC case number is located on your receipt for the DOS immigrant visa processing fee
  • Scheduling of Immigrant Visa Interview. In question 5 of part 2, you have to answer whether the Department of State scheduled you for your immigrant visa interview before January 3, 2013. If the interview was scheduled before this date, you may be ineligible to apply for the provisional unlawful presence waiver
  • Signature and Date. Inexplicably, many applicants forget to sign and date their application

Contact a Sacramento Hardship Waiver Attorney

If you fail to complete every question in the I-601A application, you may have the application returned and ultimately rejected.

To avoid this result, you may want to work with an experienced hardship waiver attorney at the Ranchod Law Group to help you complete your application. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance.

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Contact us now for legal assistance on I-601 Waivers

Contact us now and find out how we can help you with your I-601 Waiver application
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Our Office in Sacramento

The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com

What Happens If My Provisional Unlawful Presence Waiver is Approved?


Provisional Unlawful Presence Waivers

What Happens When Unlawful Presence Waivers are Approved

The Ranchod Law Group Offices in Sacramento California are dedicated to the assistance of individuals on a number of immigration issues which rang from marriage green cards to employment based immigration, but our ficus is on I-601 Waivers and provisional unlawful presence waivers. Many Clients we receive at our Sacramento office express concern and apprehension when we discuss what happens once an individual’s I-601A application for a provisional unlawful presence waiver is approved

Author:

A surprising question we received at our Sacramento office is what happens once an individual’s I-601A application for a provisional unlawful presence waiver is approved.

After all, it may be the goal of many applicants to secure the waiver so that they will not be barred from reentering the U.S. for up to a ten-year period. However, many individuals may not realize what happens next after their waivers are approved. So it may come as a shock that they will in fact need to pack their bags and depart the country despite being approved for the waiver.

Attending Your Visa Interview Abroad

After the USCIS approves an I-601A application, it will notify the National Visa Center (NVC) of its decision. The NVC will then send you documentation setting up a visa interview usually at your home country.

You will not be able to schedule a visa interview in the U.S. and you must depart the country to participate in the interview. However, the benefit of having the provisional unlawful presence waiver is that you will be allowed to reenter the U.S. following the interview even if a bar to reentry would have previously applied.

If you don’t leave the U.S. to attend the interview, your provisional unlawful presence waiver will not take effect and it may no longer be considered valid.

What Happens if My I-601A is Denied

If your provisional unlawful presence waiver is denied, you still have a couple options:

  • Reapply for the Waiver in the U.S. Your application may have been denied for a variety of reasons not having to do with your basic ineligibility for the waiver. For example, you may have failed to provide evidence proving an extreme hardship or you may have made other mistakes in the application. In this case, you may want to work with a hardship waiver attorney in Sacramento to help you complete a new I-601A waiver application.
  • Leave the Country and Apply for an I-601 Waiver. Another option may be to leave the U.S. and attend your visa interview abroad without any guarantee that you can reenter the U.S. immediately. You can then apply for an I-601 waiver for any reasons barring your entry to the U.S. You will want to talk to any attorney before taking this step

Contact a Hardship Waiver Attorney

The Ranchod Law Group

If you are applying for a provisional unlawful presence waiver and you have a question regarding approval or denial of the waiver, you should contact an experienced hardship waiver attorney at the Ranchod Law Group. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance on I-601A waivers.
The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com

Contact us now for legal assistance on I-601 Waivers

Contact us now and find out how we can help you with your I-601 Waiver application
  • Please describe your current situation - just a brief introduction of your needs for us to understand exactly how we can be of assistance.
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