Waiver for unlawful presence

Thursday, April 27, 2017 | Last Updated: September 15, 2015
by admin




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.