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!
The Freedom of Information Act, or FOIA, offers anyone the statutory right to full or partial access of any previously unreleased information from executive government branch agencies. Make a FOIA request for the information you need, and your right will be court-enforced.
On a criminal record, a court’s disposition is their final conclusion in the case. These court dispositions of past cases can be reviewed to help with your current case.
When you’re struggling with an immigration issue, you shouldn’t have to do your own legal research. It’s enough just balancing your life with documentation and case preparation. That’s why it pays to give most of the legal work over to an expert immigration attorney.
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