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What Happens Once your I601 Waiver has been Approved?

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Que Sucede una vez se ha aprobado su exencion i601

Congratulations your I-601 Waiver is Approved! Now what?

Getting your I601 waiver approved is most the difficult part of the process. But that is not the last step necessary to obtain permanent residency or to enter the U.S. What comes next is a series of procedural steps so that the applicant can enter the U.S. lawfully. Compared to getting the waiver approved, these steps are simple.

Once the waiver is approved by the USCIS, the applicant should receive a packet of information from the U.S. Embassy of her country of origin. The packet will instruct her to set up a new interview appointment at the consulate. This packet will generally be sent via DHL the day the consulate receives the I-601 approval notice from USCIS. This is generally 2-3 days after the USCIS approval. If the applicant does not receive the packet within 30 days it is recommended to contact the consulate. Once the packet’s instructions are followed the applicant can schedule the consulate interview online. This process is not done through the National Visa Center, as it was when the applicant received her visa denial.

Depending on when the last interview was with the consulate, the applicant might need to submit updated documents. If the last interview was more than one year ago, she will likely need to have a new medical exam done. In addition, it is likely the consulate will request new biometrics, an updated DS-260 and I-864 Affidavit of Support.

On the day of the interview, the applicant will bring all of the requested documents and her passport. The consulate will retain the passport after the visa is approved. A short time later, possibly as short as a week, the consulate will send via DHL the passport containing the visa and a sealed packet called the ‘Immigrant Visa Packet’. The visa is valid for entry into the U.S. for four months.

Upon entry into the U.S., the applicant will present the sealed Immigrant Visa Packet. The officer will stamp the visa and the stamp serves as a temporary green card (I-551) valid for one year. The actual green card should arrive sometime before the year is up. A social security number will be assigned automatically and a card arrives about three weeks after entry into the U.S.

Related Information on I-601 Waivers

Proving Extreme Hardship: Health

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In September, we discussed an actual case in which health hardships qualified for the extreme hardship waiver. We now return to that topic to explain how to prove an extreme hardship based on health.

Certain immigration cases require proof of extreme hardship. Cancellation of removal before the immigration judge and waivers for most crimes and immigration fraud, for example, all require proof of extreme hardship. J1 waivers require proof of exceptional hardship. The immigration authorities are looking for hardship beyond that which would typically be expected if you are separated from your loved one..

Previously we discussed emotional and financial hardship. Today we will discuss a third type of common hardship, hardship related to medical conditions.

We often have clients tell us that their family members do not have any health issues but this is rarely the case. Some of the common health issues we see include:

Hospitalizations
Surgeries
Allergies
Asthma
Diabetes
High blood pressure
Infections (respiratory, ear, etc.)
Stomach or digestive troubles
Issues during pregnancy or child birth
Any medical complications whatsoever

Clients often forget to mention or overlook some or all of the above but each piece of information is critical to supporting your case for extreme hardship.

For example, what if your child suffers from an occasional ear infection? You may think it is no big deal, you get him the antibiotics and in a few days he is fine. But what will happen in your home country? Will you have the same access to doctors and medications? What about the money to cover those medical expenses?

Another example would be if your spouse suffers from allergies or asthma. Here it may be no big deal but perhaps in your home country the air quality is worse and access to medical services limited.

While a more severe medical problem might be enough by itself to prove extreme hardship, more minor medical issues still help build your case. Allergies and asthma in and of themselves are probably not enough for a finding of extreme hardship but perhaps in combination with other factors might be sufficient.

Related to our previous posting on the topic of emotional hardship it is important to discuss mental health issues. If one of your immediate family members suffers from depression or anxiety it is important to document this for your immigration case. We’ve also helped clients whose children suffer from attention deficiency or autism. We also have the sensitivity to help clients whose family members are afflicted by other serious mental health issues like schizophrenia or bipolar disorder.

The types of papers that can help prove hardship related to health conditions include letters from doctors and specialists. Also, copies of past medical records and tests, and copies of prescriptions and medical labels can be used. We will research each medical issue on your behalf and not only provide the immigration authorities with all of the information they need but also explain to the authorities the gravity of the condition in terms that they understand. Immigration adjudicators are not health professionals, we take it upon ourselves to inform immigration about your case and try to persuade them in your favor.

Remember that an I-601 waiver, a J1 waiver, or a cancellation of removal case doesn’t have to hinge on just health issues. Immigration will look at the medical conditions, if any, in combination with other types of hardship like financial and emotional hardship. If you would like to discuss how your particular circumstances amount to hardship, please call us at (916) 613 – 3553. We have offices in Sacramento, Santa Clara and San Francisco and clients all over the U.S. and abroad.

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Proving Financial Hardship

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In September, we discussed an actual case in which health hardships qualified for the extreme hardship waiver. We now examine financial hardships.

Many immigration cases will require you to prove extreme hardship in order to obtain an approval. For example, cancellation of removal before the immigration judge and waivers for most crimes and immigration fraud all require proof of extreme hardship. For J1 Hardship waiver cases, financial hardship is one factor that will be considered in evaluating your case.

Extreme hardship can take many forms including emotional, health, and/or financial.

Today, we will be discussing how you can prove financial hardship.

It is a common misconception that to prove financial hardship you have to be the sole breadwinner for your family. This is simply not the case. Both a sole provider and an individual who provides essential financial support can prove financial hardship.

The types of papers you need to prove financial hardship include proof of income like pay stubs or your income tax returns. Also, proof of expenses for your family like rent/mortgage, utilities, food, transportation, and health related expenses (doctors visits and medication).

You will also need papers to prove your response to the following questions:

1. Why can’t you support your family from or in your home country?

This is a two part question. If your family can’t go back to your home country with you, why can’t you send them money to support them from abroad? If your family can go with you to your home country, why can’t you support them there?

The types of papers concern the poverty levels in your home country and papers to prove your qualifications and your potential income in your home country.

2. Isn’t there someone else who can take over your current financial responsibilities?

For example, why can’t your spouse work to make up for the income lost as a result of you returning to your home country? The types of paper needed to respond to this question could be papers to prove that your spouse can’t work because of other responsibilities (children, caring for an elderly parent, etc) or papers to prove that your spouse is in fact working and simply doesn’t make enough.

The response to this question could also be simply that there is no one else available to take over your financial responsibilities. This is often the case in single parent households.

Remember that a cancellation of removal case or a waiver case doesn’t hinge on just financial hardship. Immigration will look at the financial hardship, if any, in combination with other types of hardship like emotional and health, which we will be discussing on our blog soon. If you would like to discuss how your particular circumstances amount to hardship, please call us at (916) 613 – 3553. We have offices in Sacramento and San Francisco, Santa Clara and clients all over the U.S. and international.

Provisional Unlawful Presence Waiver (Form I-601A)

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The Provisional Unlawful Presence Waiver became available as of March 2013 and we have already filed and are preparing these applications. With these waivers, individuals who are inadmissible for unlawful presence (being in the U.S. illegally) can apply for a waiver of this bar, and, after the waiver is approved, travel to their home country to return with their immigrant visa (a greencard in the U.S.) Previously individuals had to wait in their home country, separated from their families and lives in the U.S. for long periods of time and risk not being able to return to the U.S. for three to ten year periods. With this new waiver, available as of March 2013, your departure from the U.S. can be minimal!

In this article, we will cover the basic requirements of the unlawful presence waiver.
The first requirement is that you must be physically present in the U.S. If you are currently abroad, please contact our office to discuss other waivers that might better suit your needs.

Secondly, you must be at least 17 years old at the time of your filing. Remember, however, that if you are under the age of 18 and illegal in the country you may be able to return to your home country and then return back to the U.S. legally without facing a three or ten year bar.

Please contact us to discuss this prior to your departure. Also, you may be eligible for deferred action as a childhood arrival (please return for a future article with a more in depth explanation or contact our offices to discuss your possible eligibility).

Thirdly, you must be the beneficiary of an approved immediate relative (Form I-130) petition. Note that not just any petition (I-130) will suffice. A U.S. Citizen can file in the immediate relative category for their spouse, parent (the U.S. citizen must be over 21), or their unmarried minor child. Additionally, your immigrant visa case must be pending with the Department of State (DOS) and you must have paid the immigrant visa processing fee. We can also help you with the DOS processing.

Also, you must only be inadmissible for your unlawful presence. If you are also inadmissible because of a criminal issue, this specific waiver is not available to you. Please contact our offices to discuss other options.

Finally, in order to obtain this waiver, we need to prove on your behalf that a denial would result in extreme hardship to your U.S. Citizen spouse or parent. Note that you can only use extreme hardship to a child in so far as it would affect your spouse or parent.
Unfortunately, this waiver is not currently available to the relatives of lawful permanent residents (greencard holders) but we encourage you to contact us nonetheless to discuss possible naturalization (U.S. citizenship) for your relative or other options currently available.

We will publish articles on the types of papers or proof you will need to gather in order the strengthen your case for extreme hardship and also an article on the avenues to get your greencard after entering the U.S. illegally, for example, via the border.

Contact us now for legal assistance with your i-601 hardship waiver

Top 5 Myths of Provisional I-601A Unlawful Presence Waivers

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Five Myths on Provisional I-601A Unlawful Presence

Mythbusting Provisional Unlawful Presence Waivers

  1. Lawful Immigration Status. Approval of your provisional unlawful presence waiver does not affect your current immigration status. Although if your waiver and Immigrant Visa do get approved it will ultimately result in obtaining permanent residency. While your waiver application is pending, it does not give you any rights to remain in the country, work in the country, or other rights regarding your status.
  2. Travel Rights. The provisional unlawful presence waiver is distinct from advance parole and does not give you any general travel privileges. If your waiver and Immigrant Visa get approved and you obtain your green card you can travel using your green card.
  3. Protection From Removal. If you are going through removal proceedings, filing the unlawful presence waiver will not stop the removal process nor will it prevent you from being deported. Although, if you are in removal proceedings and your case is administratively closed you may be able to apply for an I-601A waiver. You should consult a qualified I601 attorney to discuss this issue.
  4. Visa Interview Abroad. You still must leave the U.S. to attend your visa interview abroad. The I601A waiver, if approved would allow you to reenter the U.S. following a successful interview.
  5. Guaranteed Visa or Admission to the U.S. You are not guaranteed an immigrant visa or even entry to the U.S. if you are approved for a provisional unlawful presence waiver. The provisional waiver waives one ground of inadmissibility (unlawful presence). Thus, if you entered the Unites States without a visa and are married to a US citizen an I601A waiver would waive your illegal entry (unlawful presence). However, if you have have another immigration violation such as use of fraudulent documents, an I-601A waiver would not resolve these issues.  Even if you are not eligible for the new I601A waiver you could be eligible for the traditional I-601 waiver or other types visa waivers depending upon your own unique circumstances.

The Ranchod Law Group

If you have any questions regarding the new provisional unlawful presence waiver and what it can do for you, contact an experienced hardship waiver attorney at the Ranchod Law Group. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance on I-601A waivers.
The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553

Email:info@ranchodlaw.com

 






Rejection of Provisional Unlawful Waivers for Failure to Prove Fees

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Provisional Unlawful Waivers

Failure to Prove Fees

The USCIS has provided very little official guidance regarding the I-601A provisional unlawful presence waiver. So it comes as a surprise that one of the few things that the government published about the waiver was in regard to rejecting applications due to an individual’s failure to provide proof of the required Immigration Visa Application Fee.

Author:

In its News Alert, the USCIS stated that it cannot accept a Form I-601A unless the applicant provides proof that he or she paid the necessary Immigrant Visa Application Fee to the Department of State (DOS).

So before applying for the provisional unlawful presence waiver, applications should be careful to:

  • Pay the Fee. Pay the Immigrant Visa Application Fee to DOS before applying for the waiver;
  • Send Proof of Payment. Include the application fee receipt with your I-601A application. You should make sure that the receipt you send is the official DOS-issued receipt with the National Visa Center Case Number visible on the receipt. You should not provide other types of receipts that you may have such as money order receipts;
  • Obtain Proof of Payment. If you do not have a DOS-issued receipt, there are several ways you can get an official receipt depending upon how you paid. If you paid online, you can get an official receipt by going to the Consular Electronic Application Center (CEAC) site and printing the receipt. If you paid over the mail, you have to request a copy of the receipt from the NVC.

Get Help From a Hardship Waiver Attorney

The Ranchod Law Group

The I-601A provisional unlawful presence waiver is not a long form; however, it can be a complicated form to complete. You have to be careful to follow the instructions and include all requested information including the proof of the required Immigration Visa Application Fee.

Because there is so much at stake with an I-601A waiver, you may want to work with an hardship waiver attorney in the Sacramento area to ensure that you meet all the requirements in the application.

If you fail to properly complete the application, you could have the application returned and your fees lost. In the worst case, your application may be denied and you may be subject to a three- or ten-year bar from your family. In addition you need to provide a persuasive argument explaining why you meet the extreme hardship requirements.

Contact the experienced hardship waiver attorneys at the Ranchod Law Group if you need help with the application. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance.

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Our Offices in Sacramento

The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com

Defects With I-601A Applications

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I-601A Applications

The USCIS has been accepting applications for the I-601A provisional unlawful presence waiver, and identified trends in errors with applications, forcing the agency to reject applications

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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

Contact a Sacramento Hardship Waiver Attorney

If you fail to complete every question in the I-601A application, you may have the application returned and ultimately rejected.

To avoid this result, you may want to work with an experienced hardship waiver attorney at the Ranchod Law Group to help you complete your application. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance.

Contact us now

Fill in the Form

Our Office in Sacramento

The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com

A Detailed list of other information on I-601A Waivers

What Happens If My Provisional Unlawful Presence Waiver is Approved?

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Provisional Unlawful Presence Waivers

What Happens When Unlawful Presence Waivers are Approved

The Ranchod Law Group Offices in Sacramento California are dedicated to the assistance of individuals on a number of immigration issues which rang from marriage green cards to employment based immigration, but our ficus is on I-601 Waivers and provisional unlawful presence waivers. Many Clients we receive at our Sacramento office express concern and apprehension when we discuss what happens once an individual’s I-601A application for a provisional unlawful presence waiver is approved

Author:

A surprising question we received at our Sacramento office is what happens once an individual’s I-601A application for a provisional unlawful presence waiver is approved.

After all, it may be the goal of many applicants to secure the waiver so that they will not be barred from reentering the U.S. for up to a ten-year period. However, many individuals may not realize what happens next after their waivers are approved. So it may come as a shock that they will in fact need to pack their bags and depart the country despite being approved for the waiver.

Attending Your Visa Interview Abroad

After the USCIS approves an I-601A application, it will notify the National Visa Center (NVC) of its decision. The NVC will then send you documentation setting up a visa interview usually at your home country.

You will not be able to schedule a visa interview in the U.S. and you must depart the country to participate in the interview. However, the benefit of having the provisional unlawful presence waiver is that you will be allowed to reenter the U.S. following the interview even if a bar to reentry would have previously applied.

If you don’t leave the U.S. to attend the interview, your provisional unlawful presence waiver will not take effect and it may no longer be considered valid.

What Happens if My I-601A is Denied

If your provisional unlawful presence waiver is denied, you still have a couple options:

  • Reapply for the Waiver in the U.S. Your application may have been denied for a variety of reasons not having to do with your basic ineligibility for the waiver. For example, you may have failed to provide evidence proving an extreme hardship or you may have made other mistakes in the application. In this case, you may want to work with a hardship waiver attorney in Sacramento to help you complete a new I-601A waiver application.
  • Leave the Country and Apply for an I-601 Waiver. Another option may be to leave the U.S. and attend your visa interview abroad without any guarantee that you can reenter the U.S. immediately. You can then apply for an I-601 waiver for any reasons barring your entry to the U.S. You will want to talk to any attorney before taking this step

Contact a Hardship Waiver Attorney

The Ranchod Law Group

If you are applying for a provisional unlawful presence waiver and you have a question regarding approval or denial of the waiver, you should contact an experienced hardship waiver attorney at the Ranchod Law Group. You can contact us at (916) 613-3553 or info@ranchodlaw.com for legal assistance on I-601A waivers.
The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com

Provisional Unlawful Presence Waivers and Evidence of Extreme Hardship

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Provisional Unlawful Presence Waiver

Evidence of Extreme Hardship

One of the main requirements to getting approved for a provisional unlawful presence waiver is to prove that a qualifying relative will suffer an extreme hardship if you are barred from reentry into the U.S. Naturally, one of the most common questions we receive in our Santa Clara office is just what kind of evidence is needed to prove an extreme hardship.

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Documenting an Extreme Hardship

An extreme hardship to a qualifying relative generally means that you have to show a hardship such as a:

  • health condition
  • financial harm
  • loss of education opportunity

Or other special factors.

Proving an extreme hardship is a very personal action and no two applications may be exactly the same.

That is why documenting the hardship and proving it to the USCIS can be very difficult. Nevertheless, some ways to evidence the hardship can include:

  1. Providing Affidavits. An affidavit is a sworn statement that can be from the qualifying relatives who can testify to the hardships they will encounter should you be prevented from returning to the U.S.
  2. Expert Opinions. For more technical hardships like health considerations, you may want to seek out expert opinions as to how your family will suffer. This can take the form of a doctor’s note or medical opinion
  3. Pay Records. If your hardship is related to financial concerns, you can provide things like an employment letter, tax statements, and payroll records. In addition, records of your expenses may also be useful to show how your earning potential is indispensable for your family
  4. Memberships. If you are an active and contributing member of your local community, you could better your chances for approval. Records of things like community organizations, volunteer work, and affiliations can help strengthen your application
  5. Birth and Marriage Records. If you are supporting multiple children, you may want to provide documents proving these relationships

How a Hardship Waiver Attorney Can Help

The Ranchod Law Group

Working with an experienced hardship waiver attorney can be critical in getting you approved for a provisional unlawful presence waiver. A qualified attorney knows what needs to be included in an application. Without such expertise, you may neglect to include critical documents and evidence and seriously damage your case for the waiver.
The Ranchod Law Group
3333 Bowers Avenue Suite 130
Santa Clara,
CA
95054
United States
Phone: (408) 844-9197
Fax: (888) 891-7071
Email:info@ranchodlaw.com

Immigration Reform this year?

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The Upcoming Immigration Reform

President Obama is awaiting a bi-partisan path to citizenship, an immigration bill by the so-called “group of eight” senators working together who have reached an agreement.

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Many of my San Francisco and Sacramento clients have been asking me about the possibility of immigration reform. Obama has been expecting an immigration bill this year from the “Group of Eight,” a group of eight bi-partisan senators working together to create comprehensive immigration legislation. Senator McCain has stated that he expects the Group of eight to have reached an agreement on the path to citizenship as well as a system to aid and secure state border security.

The agreement entails a 13 year path to citizenship. What this entails: to get a green card it would take undocumented workers 10 years, and another three years to gain citizenship. Throughout this period of time, undocumented workers would have to pay a fine and back taxes as well as pass a background check. The fine has yet to be decided and is unclear at this time. Additionally, there may be an increase in the H-1B cap of 65,000.

Under this legislation no undocumented worker however, will be eligible for citizenship until the border is considered secure. To measure border security a commission would be created. The commission would be made up of officials named by state and federal leaders.

Who is in the Gang of Eight?
The includes:

  • Sen. Marco Rubio of Florida
  • Sen. Lindsey Graham, South Carolina
  • Sen. Jeff Flake, Arizona
  • Sen. John McCain, Arizona
  • Sen. Robert Menendez, New Jersey
  • Sen. Dick Durbin, Illinois
  • Sen. Michael Bennet, Colorado
  • Sen. Chuck Schumer, New York

The Ranchod Law Group

We look forward to continue to provide you with immigration legislative updates and we are hoping that some form of immigration legislation will pass by the end of this year. Contact us at info@ranchodlaw.com or at 916-613-3553 if you have more questions.
The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com