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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.

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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

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

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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

5 Reasons Why You Should have an Immigration Attorney Assist You With the I-601A Waiver

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5 razones de por que tener abogado le asista con una exencion i-601a

A question that we hear a lot in the Sacramento area is whether it is worth the time and money to work with an immigration attorney to complete the Form I-601A.

After all, how hard can it be to complete a form? Right?

Government forms can be extremely complex and confusing. If you do not follow the instructions and provide the required information, you could potentially be separated from your family members for up to ten years

That is why it can be extremely important to work with an experienced Immigration Attorneyin handling I-601A hardship waiver matters.

These are five reasons why you should contact an immigration attorney near you to assist with the provisional unlawful presence waiver:

  1. The Form is articulated. The Internet can provide a wealth of tips and personal experiences on how to handle an immigration matters but Form I-601A is serious business: you will be hard-pressed to find meaningful, reliable advice from someone who successfully completed the process. Working with an Immigration attorney can be critical, as you will be less likely able to learn from the mistakes of others
  2. Eligibility. Generally, adults who are currently in the U.S. and the beneficiary of an approved visa petition may be eligible for the waiver. However, there may be complications for individuals who received a removal order or who have a criminal arrest in their background. It’s always best to consult with a local immigration attorney to help determine eligibility and work on strategies to overcome any “red flags.”
  3. Proving an extreme hardship. You will have to prove that your family members will suffer an “extreme hardship” should you not get the Waivers. An extreme hardship is a term of art and the government will look for certain things that help prove this condition. An experienced I-601 attorney has worked on many Waivers in the past and will know how to draft a document, in addition to the forms, that puts you in the best position to be approved
  4. Expert Review. Too often, minor mistakes, typographical errors, and simple omissions derail an application. An immigration attorney has completed and reviewed many similar forms in the past and can help make sure that your application is as complete as possible and puts you in the best light
  5. Stakes are High. As mentioned above, the stakes for a hardship waiver are extremely high. Approval could mean the difference between being separated from your family for a decade or not. Contact an immigration attorney near you who can help draft a persuasive argument that can oftentimes make all the difference

Here is a video from Kaushik Ranchod, managing Immigration Attorney at the The Ranchod Law Group where he describes an I601a success story:







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

Can I Apply for an I-601A Waiver If Under an Order of Voluntary Departure?

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I-601 Waivers and Voluntary Departure

This article offers specific information related to applications for I-601A Waivers and if applications are allowed by someone if they have an order of voluntary departure.

Author: The Ranchod Law Group

One of the most frequently asked questions about I-601 Waivers we get in our Sacramento office is whether someone can apply for the I-601A provisional unlawful presence waiver if they have an order of voluntary departure.

The answer to this question depends upon whether the order of voluntary departure is outstanding or if it has been administratively closed and not recalendared.

Outstanding Order of Voluntary Departure

In short, someone with an outstanding order of voluntary departure is not eligible to apply for the I-601A provisional unlawful presence waiver. The instructions to the Form I-601A waiver specify eight circumstances where an applicant is ineligible to apply for the waiver. These include someone going through removal proceedings as well as someone subject to a final order of removal. This includes an order of voluntary departure.

Administrative Closure and Termination of the Order

If an applicant for the I-601A waiver is able to have the Immigration Court reopen the voluntary departure order and then close the case and terminate the order, the individual may become eligible for the provisional unlawful presence waiver.

When the rules for the provisional unlawful presence waiver were drafted, many commenters wanted the government to allow individuals under a voluntary departure order to be eligible for the waiver. However, after consideration of all the issues, the Department of Homeland Security decided to limit eligibility for the provisional unlawful presence waiver to only those individuals whose removal proceedings were administratively closed and have not been recalendared.

For cases that are not considered to be enforcement priorities, Immigration and Customs Enforcement (ICE) will typically exercise its discretion where appropriate and may move for administrative closure for certain voluntary departure orders. If the voluntary removal order is administratively closed, an individual should seek termination or dismissal of the proceedings with the help of a Sacramento hardship waiver attorney.

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

The Most Asked Questions on Provisional Unlawful Presence Waiver

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Provisional Unlawful Presence: Frequently Asked Questions

Here at our Sacramento California Office we are often consulted for legal aspects and implications of the Provisional Unlawful Presence Waiver and the National Visa Center Process – here are four common questions of concern to a wide range of people.

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Certain immediate relatives of U.S. citizens who are currently present in the country may be eligible to apply for the provisional unlawful presence waiver. This means that applicants will know before departing the U.S. whether they are subject to a three- or ten-year bar to enter the U.S. should they leave the country to attend the immigrant visa interview.

Following the numerous requests from Clients calling our Sacramento Office seeking expert advice on this topic, we have prepared a short list of frequently asked questions regarding the provisional waiver and the National Visa Center (NVC) processing and immigration interview abroad.

  1. What if My Visa Interview is Already Scheduled?
    If you have an interview appointment letter from the NVC dated before January 3rd, 2013, you are NOT eligible to file for the provisional unlawful presence waiver. Only applicants who have an interview scheduled on or after January 3rd are eligible. In addition, you should know that “scheduled” means the date the NVC took the action to schedule the case, and not the date of the visa interview appointment.
  2. Will an Interview Appointment be Scheduled After I Apply for a Waiver?
    No. When you submit your application for a provisional unlawful presence waiver, the USCIS will notify the NVC. The NVC will not schedule an interview until the USCIS makes a determination on the waiver.
  3. What Happens After My Provisional Unlawful Presence Waiver is Approved?
    The NVC will schedule your immigrant visa interview at the designated U.S. embassy or consulate abroad and you will be notified of the date. You will then leave the U.S. to attend the interview. If you are otherwise eligible for the waiver, you will not be subject to a bar to reentry to the U.S.
  4. What Happens If I Have Other Ineligibilities Determined at the Interview?
    If there are other grounds of inadmissibility determined at your immigrant visa interview besides unlawful presence, the provisional waiver may be automatically revoked. Other grounds of inadmissibility may include past crimes committed or other acts of moral turpitude. If these may apply to you, you will want to talk to an attorney.

The Ranchod Law Group

Immigration Attorneys in Sacramento with a focus on I-601 Waivers
The Ranchod Law Group
8880 Cal Center Drive #400
Sacramento,
CA
95826
United States
Phone: (916) 613-3553
Email:info@ranchodlaw.com

Contact us today and learn more about your position

What you need to know about Form I-601A

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Provisional Unlawful Presence Waiver » Form I-601A

This article offers a detail description of Form I-601A which allows individuals to apply for the provisional unlawful waiver

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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.

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Do Criminal Convictions Affect an I-601A Waiver?

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I-601A Waivers

A consultation in our offices at Sacramento recently addressed the issue of criminal convictions and I-601A Waivers

I-601A Waivers and Criminal Convictions

If you are applying for a provisional unlawful presence Waiver (Form I-601A), you will be asked to provide information about your past criminal convictions. You may hesitate to list your criminal past, but you should be honest when completing the form. You should also know that just because you have a past conviction, this does not automatically mean that you will be ineligible for the Waiver.

Crimes That May Make You Inadmissible

If you have been convicted of certain serious crimes, you may be deemed inadmissible into the U.S. (not eligible for the Waiver and Green Card /immigrant visa) Some broad categories of crimes that may make you inadmissible include:

  • Crimes Involving Moral Turpitude. This can include crimes like murder, rape, child abuse, blackmail, and fraud, etc.
  • Aggravated Felonies. This can include a variety of felonies like drug trafficking, money laundering, firearm offenses, tax evasion, etc.
  • Crimes Affecting Moral Character. This can include prostitution and other vices, assisting an alien to enter the U.S. illegally, drug and other offenses.

The USCIS has also stated that if it has reason to believe that an alien may be inadmissible to the U.S. at the time of his or her immigrant visa interview based on another ground of inadmissibility other than unlawful presence (such as a criminal conviction), the agency will deny the request for the provisional unlawful presence waiver.

Therefore, if you have a criminal conviction, you may want to talk to an attorney to learn if the I-601A Waiver is available to you. Instead, you may need to apply for an I-601 waiver. The new I-601A Waiver is only available for applicants who seek a Waiver from a bar to reentry from having accrued unlawful time in the U.S. as opposed to criminal bars.

Minor Crimes That Do Not Affect Admissibility

Not all criminal convictions may make you inadmissible. If you are not subject to a criminal bar, you may still apply for a provisional unlawful presence Waiver using Form I-601A. For example, some relatively minor crimes like a simple assault or other misdemeanor may not create a criminal bar.

The USCIS uses the Form I-601A to determine admissibility as it relates to unlawful presence in the U.S. and not past criminal convictions. So it is not entirely clear how the USCIS will use information regarding criminal convictions. But if the past criminal record would otherwise make you inadmissible, it is clear that the agency may deny the provisional unlawful presence Waiver on this ground.

Related Information on I-601A hardship Waivers

I-601 Waivers: A Frequently Asked Question in Sacramento

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Questions and Concerns related to I-601 Waivers

There has been change and brought about by the final rule allowing you to apply for the provisional unlawful presence waiver from within the United States …

Can I apply for a provisional waiver in the United States?

YES. The USCIS has implemented the final rule allowing you to apply for the provisional unlawful presence waiver from within the United States. If you are married ti a US citizen you can show extreme hardship to the US citizen and you may meet other provisional waiver requirements such as not having a serious criminal conviction. The reason for this being so exciting is because you do not need to leave the United States to apply for the I-601 waiver and be separated from your loved one for up to a year, rather you can apply for the waiver after the I-130 is approved in the US.
So the way the process would work is you file first for an I-130, and then after that I-130 is approved, then you can apply for the I-601 waiver. We normally do what we call a legal brief demonstrating that there is extreme hardship to your US citizen spouse, based on your specific unique situation. You also submit this on form I-601 A, submit the application to the government, and after the waiver is approved, then you would go to the US embassy for the immigrant visa interview.
Phone: (916) 613-3553
Email:info@ranchodlaw.com

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