Questions and Concerns related to I-601 Waivers
Author: Kaushik Ranchod
Can I apply for a provisional waiver in the United States?
YES. The USCIS has implemented the final rule allowing you to apply for the provisional unlawful presence waiver from within the United States. If you are married ti a US citizen yo can show extreme hardship to the US citizen and you may meet other provisional waiver requirements such as not having a serious criminal conviction. The reason for this being so exciting is because you do not need to leave the United States to apply for the I-601 waiver and be separated from your loved one for up to a year, rather you can apply for the waiver after the I-130 is approved in the US.
So the way the process would work is you file first for an I-130, and then after that I-130 is approved, then you can apply for the I-601 waiver. We normally do what we call a legal brief demonstrating that there is extreme hardship to your US citizen spouse, based on your specific unique situation. You also submit this on form I-601 A, submit the application to the government, and after the waiver is approved, then you would go to the US embassy for the immigrant visa interview.
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