If your presence in the U.S. is not considered to be lawful—whether due to illegal entry, overstaying a visa, or other immigration violations—then your illegal presence can cause serious problems. To begin with, it prevents you from obtaining a Green Card. If you leave the U.S. for the consular interview, you will be barred from re-entry. You can even be deported.
Fortunately, there is a way you can overcome the problem and obtain a Green Card through the I-601A waiver process. Waiving inadmissibility is a matter of discretion—authorities do not have to grant a waiver. That means it is important when applying for an I-601A waiver to ensure that your application presents very strong reasons why a waiver should be granted in your case.
At Odunlami Law, we understand how to help immigrants take advantage of the opportunities offered through the I-601A waiver program. As immigrants ourselves, we know the difficulties you face and we work hard to ensure that you can be reunited quickly with your family to live your best life in the United States.
What an I-601A Waiver Does
The I-601A Waiver helps individuals who are eligible for an immigrant visa due to family connections or other reasons but who are not able to adjust their status in the U.S. and must instead travel to their home country for a consular interview. When those individuals have been unlawfully present in the U.S., that unlawful presence would normally bar them from reentering for several years. The Waiver of Unlawful Presence removes that re-entry ban so that an immigrant can return to family in the U.S. after their visa application has been processed.
Who is Eligible for an I-601A Waiver?
To qualify for a waiver of unlawful presence, you must satisfy several conditions. The first three are straightforward and the final ones are much more complex. You need to be at least 17-years-old and you must be physically located in the U.S. to apply.
To satisfy the third condition, you need to be eligible for an immigrant visa and have an application in progress on the basis of one of the following:
- Someone successfully petitioned for immigration for you as a relative
- Someone successfully petitioned for immigration for you as an employee
- You’ve had a petition approved as a special immigrant
- You (or your spouse or parent) were selected for the Diversity Visa Program
- You are eligible as the spouse or child of someone with an approved immigrant visa petition
The other eligibility requirements are not as clear-cut. They require you to present evidence and make arguments to show why your case justifies a waiver. You must show how your spouse or parent in the U.S. will suffer extreme hardship if you are not allowed to return to the U.S. (The spouse or parent must be a citizen or lawful permanent resident with a Green Card.) You must also prove that you believe your time of unlawful presence in the U.S. meets the legal standards and that that term of unlawful presence is the only factor that would make you inadmissible. Finally, you need to show that you meet all other requirements for a provisional unlawful presence waiver as set forth in immigration laws.
The team at Odunlami law can help you determine if you qualify for an I-601A waiver and help you demonstrate to authorities why they should grant your request.
Is the I-601A Waiver Right for You?
While the I-601A Waiver of Unlawful Presence provides an excellent opportunity for many individuals and families, it is not the best option in every situation. If there are potentially other reasons you could be found inadmissible, your application could be denied and you could face deportation. It is also important to realize that the I-601A waiver itself does not provide lawful status or protection from removal proceedings. It simply makes it easier to return to the U.S. after consular processing of your visa application.
Odunlami Law can review the details of your situation, help you understand your options, and help you move forward with the best steps to achieve your immigration goals.
Contact Odunlami Law Today to Take Your Next Steps to Lawful Immigration
U.S. immigration law is extremely complicated, and it changes frequently. The team at Odunlami Law is dedicated to helping immigrants gain their objectives through the most effective means possible, so we are always watching for the best opportunities and following news of updated requirements to ensure that we make the best possible case when presenting information to immigration authorities.
We want to help you reach your goals, and the I-601A may be your option. To get started, schedule a consultation with one of our attorneys today.
