Requirements for Form I-601A, Provisional Unlawful Presence Waiver

Prior to March 2013, an undocumented immigrant seeking to obtain a Green Card through marriage had to first leave the United States and seek an immigrant visa at the U.S. Embassy or Consulate in his or her home country, which could result in obtaining a 3 or 10 year bar from admission into the United States and greatly put families at risk or separation. However, now thanks to the Form I-601A, Provisional Unlawful Presence Waiver, families can rest assured that upon successful approval of the Form I-601A, the family member can travel back to his or her home country and obtain an immigrant visa without fear of not being let back into the United States.

If you are currently undocumented but have a U.S. citizen relative, our Los Angeles immigration attorneys encourage you to contact us now for a FREE consultation to help walk you through the process of filing Form I-601A. Below, please use the basic checklist to see whether you qualify for this relief.

Are you currently undocumented?

The I-601A Provisional Unlawful Presence Waiver is only available to someone who is in the United States unlawfully/entered without inspection.

Do you have a family member who is a United States citizen?

This is an absolute necessity. You must be either a spouse or parent who is currently a U.S. citizen in order to qualify for a provisional unlawful presence waiver.

Are you age 17 or older?

The Form I-601A can only be filed by a person who is at least 17 years of age.

Do you have an approved Form I-130 petition for alien relative? 

You cannot file a Form I-601A waiver until you have filed and obtained approval as the beneficiary of an I-130 petition.

Are you able to demonstrate extreme hardship?

You must satisfy USCIS by demonstrating that the U.S. citizen relative would face extreme hardship if you were not allowed back into the United States, or deported. This reasons can include health reasons, financial reasons and all other relevant hardship.

If you are in Los Angeles County, California or across the United States, let our experienced immigration attorney walk you through the process for obtaining an I-601A waiver. We have successfully helped many clients obtain these waivers and can help you too!

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