Defects With I-601A Applications

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