Can I Apply for an I-601A Waiver If Under an Order of Voluntary Departure?
I-601 Waivers and Voluntary Departure
Author: The Ranchod Law Group
The answer to this question depends upon whether the order of voluntary departure is outstanding or if it has been administratively closed and not recalendared.
Outstanding Order of Voluntary Departure
In short, someone with an outstanding order of voluntary departure is not eligible to apply for the I-601A provisional unlawful presence waiver. The instructions to the Form I-601A waiver specify eight circumstances where an applicant is ineligible to apply for the waiver. These include someone going through removal proceedings as well as someone subject to a final order of removal. This includes an order of voluntary departure.
Administrative Closure and Termination of the Order
If an applicant for the I-601A waiver is able to have the Immigration Court reopen the voluntary departure order and then close the case and terminate the order, the individual may become eligible for the provisional unlawful presence waiver.
When the rules for the provisional unlawful presence waiver were drafted, many commenters wanted the government to allow individuals under a voluntary departure order to be eligible for the waiver. However, after consideration of all the issues, the Department of Homeland Security decided to limit eligibility for the provisional unlawful presence waiver to only those individuals whose removal proceedings were administratively closed and have not been recalendared.
For cases that are not considered to be enforcement priorities, Immigration and Customs Enforcement (ICE) will typically exercise its discretion where appropriate and may move for administrative closure for certain voluntary departure orders. If the voluntary removal order is administratively closed, an individual should seek termination or dismissal of the proceedings with the help of a Sacramento hardship waiver attorney.
A Detailed list of other information on I-601A Waivers
- Keeping Families Together Through The I-601A Waiver Process
- I-601A Waiver Approval and Success Story for a Mexican National
- I-601A Waiver for National from Guatemala
- An I-601A Success Story: Waiver approval for medical extreme hardship
- Examples of Successful I-601A Waiver Applications
- i-601a Waiver Approval for Client who remained in the U.S. for 15 years
- I-601a Hardship Waiver Approval Notice
- I-601a Approval Document, Client Entered the U.S. Illegally from Mexico
- I-601a Waiver Approvals, Waiver for El Salvadorian Client Who Entered the U.S. Illegally
- i-601a Unlawful Presence Waiver APPROVED for Client from Central America
- i-601a Waiver Approved for Client Who Entered the U.S. Illegally
- Our Latest I-601a Success Story » Provisional Unlawful Presence Waiver
- I-601A Waivers, Client from Mexico entered and resided illegally in the U.S.
- I-601A Waiver Approved for Mexican Client, Unlawful Entry and Unlawful Presence in the U.S.
- I-601A Waiver Approval, Illegal Entry and Illegal Presence
- I-601A Hardship Waiver Approval, Nov. 11, 2016
- I-601A: How Psychological and Financial Hardship affect an approval
- I-601a Provisional Unlawful Presence Waiver Approval 2016-08-30
- I-601A Hardship Waiver Available to Spouses and Children of Lawful Permanent Residents
- I-601A Provisional Unlawful Presence Waiver Approval
- I-601A Waiver Approved for Client by The Ranchod Law Group
- I-601A Waiver Approval from Mexico
- Success Story: Approval of I-601A for Client Brought to U.S. as a Child
- Form I-601a: Common Misconceptions about the New Unlawful Presence Waiver
- Filing Unlawful Presence Waivers (form I-601A), Demonstration of Extreme Hardship
- Provisional Unlawful Presence Waiver (Form I-601A)
- Defects With I-601A Applications
- 5 Reasons Why You Should have an Immigration Attorney Assist You With the I-601A Waiver
- Can I Apply for an I-601A Waiver If Under an Order of Voluntary Departure?
- What you need to know about Form I-601A
- Tips for Completing Form I-601A Provisional Unlawful Presence Waivers
- Eligibility for the I-601A Provisional Unlawful Presence Waiver
- Will I Be Subject to Removal Proceedings If My I-601A Application is Denied?
- How to Prove “Extreme Hardship” for an I-601A Hardship Waiver
