We are accepting cases during these challenging times.
Ranchodlaw

Call now

916-613-3553
916-613-3553

Llama ahora

916-220-3137

Stockton

209-219-2377

info@ranchodlaw.com

  • Espanolespañol
  • Home
  • The Firm
    • Practice Areas
    • Waivers
  • The Team
    • Legal Team
    • Attorneys
      • Kaushik Ranchod
      • Bobby Chung
    • Vivid Vision 2018 – 2021
    • In The Media
  • Reviews
    • Testimonials & Reviews
    • Approved Waivers
    • Our Success Stories
    • Reseñas Google
    • Reseñas Avvo
    • Reseñas Yelp
    • Testimonios
    • In The Media
  • Blog
  • Podcasts
  • Books
  • Videos
    • Green Cards
    • I601 Waiver
    • J1 Waiver
    • Work Visas
    • Testimonial Videos
    • Other Videos
  • Contact Us
    • Sacramento
    • Stockton
    • Careers
  • Lingua
  • Search
Blog

Eligibility for the I-601A Provisional Unlawful Presence Waiver

February 25, 2013/in I 601 Waivers /by admin

Click Here to read Ranchod Law.com Content in Spanish

Starting March 4, 2013, eligible individuals can apply for the new provisional unlawful presence waiver that will allow them to know before leaving the U.S. whether they are subject to a bar to returning to the U.S.

Who is Eligible to Apply for the Provisional Unlawful Presence Waiver?

To be eligible to apply for the waiver, you generally have to meet the following requirements:

  • Be physically in the United States.
  • Be at least 17 years old.
  • Be an immediate family member of a U.S. citizen(please note that a parent of a United States Citizen generally does not qualify for a I-601A).
  • Have an approved immigrant visa petition.
  • Your case is pending with the Department of State.

Who is NOT Eligible to Apply for the Provisional Unlawful Presence Waiver?

Along with not meeting any of the requirements above, you may be deemed ineligible for the provisional unlawful presence waiver if:

  • You have a pending Form I-485 to adjust status to permanent resident.
  • You are in removal proceedings with some limited exceptions.
  • You have been ordered removed, excluded, or deported from the United States.
  • You are subject to reinstatement of a prior removal order.
  • The Department of State scheduled your immigrant visa interview prior to  January 3, 2013.
  • You cannot show an extreme hardship should your application be denied.

Applying for a Provisional Unlawful Presence Waiver?

To apply for a provisional unlawful presence waiver, an individual must file the new Form I-601A. You will have to make sure your application is complete, signed, and submitted with the correct documentation and fees. You should also notify the Department of State of your intention to file this waiver.

Applying for the Waiver While You Are Undergoing Removal Proceedings?

As mentioned above, individuals going through removal proceedings may apply for the provisional unlawful presence waiver only in limited circumstances.

Generally, someone can only apply if the removal proceedings are administratively closed and have not been re-calendared as of the date you filed the I-601A.

Additionally, although you are in removal proceedings, you should file the I-601A with the USCIS. You should also inform the Immigration Judge and the local U.S. Immigration  and Customs Enforcement counsel that you have applied for the waiver.

Contact a Hardship Waiver Attorney

If you are applying for a provisional unlawful presence waiver, you should consider working with an attorney to make sure that you are eligible, your application is complete, and that you have proven a hardship. You should also consider talking to an attorney if you are currently undergoing removal proceedings.

I-601 Waivers Legal Assistance

 

Call us now for a case review: (415)986-6186

The Ranchod Law Group can provide you the help you need to solve your immigration problems, and advise you on how to obtain I-601 waivers in timely and cost effective ways.

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
Tags: I 601 Waivers, I-601A, immigration i 601 waiver, waiver for immigration i 601
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share by Mail



Contact Us now!




You might also like
How to Prove “Extreme Hardship” for an I-601A Hardship Waiver
Defects With I-601A Applications
Do Criminal Convictions Affect an I-601A Waiver?
Will I Be Subject to Removal Proceedings If My I-601A Application is Denied?
Can I Apply for an I-601A Waiver If Under an Order of Voluntary Departure?
The Most Asked Questions on Provisional Unlawful Presence Waiver
Expedite I-601Waivers Requires Hard Evidence
What Happens Once your I601 Waiver has been Approved?

Contact us now!

Categories

Approved Waiver Notices

Approval Notices: Approved Waivers

Click here to view I601 waiver approval notices.

The Ranchod Law Group

8880 Cal Center Dr #190
Sacramento, CA 95826
Phone: (916) 613-3553
Email: info@ranchodlaw.com

4719 Quail Lakes Dr, # G-2015
Stockton, CA 95207
Phone: (209) 219-2377

Email: info@ranchodlaw.com

 

Visit our Blog

 

J1 Visa Waiver Resource
Center for Doctors

Doctors Immigration Law –
Green Card, Work Visa, H-1B Visa

Check Your Case Status

 

  • Lawyer Kaushik Ranchod | Lawyer Immigration
  • Lawyer Kaushik Ranchod | Top Attorney Immigration
  • Kaushik Ranchod, Immigration Law, Top Lawyers 2015 - Sacramento Magazine sacmag.com
  • Ranchod Law Group BBB Business Review
  • IMG Member Badge
  • Member of the American Immigration Lawyers Association.
  • Lawyer Kaushik Ranchod | Lawyer Immigration
  • Best Immigration Lawyers in Sacramento
  • Home
  • Firm Overview
  • Attorney Profiles
  • Practice Areas
  • Resources
  • Client Feedback
  • Contact Us

The Ranchod Law Group provides immigration law services with offices in Sacramento and Stockton California. In addition, we provide immigration law representation for clients nationwide.
Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.© 2020 Ranchodlaw. All Rights Reserved. Disclaimer | Privacy Notice
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
I 601 Exenciones: ¿Qué aplicación es mejor para usted? Elegibilidad para la Exención Provisional de Presencia Ilegal I-601ª
Scroll to top