Provisional Unlawful Presence Waiver » Form I-601A
Author: Ranchod Law Group
Form I-601A: Application for Provisional Unlawful Presence Waiver
The USCIS finally released its Form I-601A allowing individuals to apply for the provisional unlawful presence waiver.
This new six-page form is critical to individuals going through the immigration process who may possibly be subject to a three- or ten-year ban from entering the U.S. due to accruing time in the country without proper legal status. U.S. citizen immediate relative family members who apply for the waiver can now know whether it is approved in the United States, alleviating lengthy wait times outside of the U.S.
There are four substantive portions of this form:
- Part 1: Information About Applicant. This part is fairly straightforward as you just enter information like your A-number, Social Security number, full name, address, and contact information. You will also need to enter your country of citizenship and information regarding your last entry to the U.S. Some sticking points could be listing your immigration status during your last entry to the U.S. as well as any criminal history.
- Part 2: Information About Immediate Relative Petition. You will have to enter information about an approved immediate relative petition (Form I-130 or I-360) and related immigration visa application. Without an approved immigrant visa petition, you may not be eligible for the waiver.
- Part 3: Information About Qualifying Relative. You need to provide information about a U.S. citizen spouse or parent who would experience extreme hardship if you are denied. Without a qualifying relative, you will not be eligible for the waiver.
- Part 4: Statement from Applicant. This is the critical section where you have to explain to the USCIS why your hardship waiver application should be approved. You should explain in detail reasons for the extreme hardship and detail how your family members will suffer. Examples of hardship may include medical reasons, severe psychological conditions, financial, a disruption in education and adverse country conditions. You should be as specific as possible and you must remember that you have to prove an “extreme” hardship.
The Ranchod Law Group – Hardship Waiver Attorneys in Santa Clara
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