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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

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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

Eligibility for the I-601A Provisional Unlawful Presence Waiver

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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

I 601 Waivers: Which Application is best for you?

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Should You Use the I-601A or I-601 Waiver Application?

There may be some confusion as to when you should use an I-601 waiver or the new I-601A waiver.

With both waivers, eligible applicants may apply to waive the three- or ten-year bars to admission into the U.S. Otherwise, if the applicant has accumulated unlawful time in the U.S., the applicant may be unable to reenter the country and be separated from their U.S. citizen family members for a very long time.

But when does someone use the I-601 waiver or the I-601A waiver?

Immediate Relatives in the U.S. Should Use the I-601A Waiver

Generally, if you are currently in the U.S., you should apply for a hardship waiver using the I-601A waiver.

This will allow you to know before leaving the country whether the potential three- or ten-year bar applies. If a bar applies, it may not be a good idea to leave the country as you will be separated from your loved ones for a very long time

Immediate Relatives Outside the U.S. Should Use the I-601 Waiver

Unfortunately, the I-601A waiver only applies to immediate family members who are still in the U.S. So family members who have already left the country cannot apply for a waiver using this form.

Instead, the old I-601 form would be appropriate. The disadvantage of course being that if your waiver request is denied, you will be subject to the applicable bar and cannot return to the U.S. for the requisite time.

Some had argued that those individuals who properly left the U.S. to avoid the consequences of removal should not be punished for their actions by being unable to use the I-601A waiver. However, the Department of Homeland Security found that allowing the I-601A waiver for family members abroad would be duplicative of the current I-601 waiver process.

Contact a Hardship Waiver Attorney

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If you are uncertain whether to file an I-601 or an I-601A waiver, it is important that you talk to an attorney. The difference is critical as an individual who uses the wrong application and subsequently leaves the country could be separated from their family for a very long time.

For more information, contact us today at one of our offices in: