On January 3, 2013 the Department of Homeland Security announced a new regulation allowing individuals who have accrued unlawful presence in the U.S, to apply for a waiver of inadmissibility for the ten and three year bar. Let LA Legal Advocates help you with your form I-601A waiver today.
The I-601A provisional waiver allows applicants with U.S. citizen or lawful permanent resident spouses or parents to apply for this waiver while physically present in the U.S. It waives the 10 year or 3 year bars for unlawful presence. Before this waiver came into effect, family members would have to request the waiver outside of the U.S in their country of nationality away from their families, causing family separation for an extended period of time. The I-601A provisional waiver allows for family unity while the waiver is processed in the U.S.
After the waiver is approved, the applicant must depart the US and apply for their immigrant visa before an officer in their country of citizenship. The applicant departs with an approved I-601A waiver of inadmissibility, allowing for swift and expedient consular process.
In order to qualify for the I-601A provisional waiver, the applicant must show extreme hardship to a qualifying relative, specifically a U.S citizen or lawful permanent resident spouse or parent. Minor and adult children are not considered to be qualifying relatives. The evidence submitted will be considered cumulatively to determine if it rises to the level of extreme hardship. To apply for a provisional waiver one requires ample documentation and specific knowledge of the process. For that reason it is important to entrust the work to an immigration expert who has processed numerous waivers successfully.
USCIS requires that a filing fee of $630.00 be paid along with an $85.00 biometrics fee.
If the conditional resident is still married to the petitioning US citizen spouse, a joint petition should be filed by the husband and wife. The parties will jointly file a petition to Remove the Conditions on Residence within the 90-day period preceding the second anniversary of the date of the conditional residence. The petition must be accompanied by evidence that demonstrates the marriage was entered into in good faith.
Examples of such evidence include proof of joint ownership of property, commingling of finances (e.g. tax forms, bank statements, insurance policies), birth certificates of children, photos of the couple taken during the marriage, declarations of persons having knowledge of their marriage and other documentation establishing a bona fide marital relationship. If the USCIS determines that the qualifying marriage was entered into in good faith, it will approve the joint petition, remove the conditional status, and grant permanent residence status, a ten year green card.
Contact Los Angeles Legal Advocates today to learn more!
What information do we collect?
We collect information from you when you register on our site or fill out a form.
When registering on this site, as appropriate, you may be asked to enter your: name, e-mail address, phone number or other information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.erstand and save your preferences for future visits.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by logging into their control panel and going to the ‘Edit Profile’ page.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms and Conditions
Please also visit our terms and conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.