I-601A Provisional Waivers of Unlawful Presence

If a person who entered the United States without inspection is applying for lawful permanent residency based on a family relationship, it is not always possible to apply for Adjustment of Status in the United States. Typically, that person must consular process to apply for lawful permanent residency. However, a problem arises when a person who has lived in the United States without documentation for years. Under INA § 212(a)(9)(B)(i)(I) and (II), a person who has more than one year of unlawful presence and departs the United States is subject to a 10-year bar on returning to the United States. If a person has between 6 months and under 1 year of unlawful presence, a 3-year bar on returning to the United States occurs upon departure. Thus, if an applicant has the requisite level of unlawful presence and departs the United States to be interviewed abroad at the U.S. Embassy, he or she will be barred from returning to the United States for years.

The I-601A Provisional Waiver of Unlawful Presence provides relief from the unlawful presence bar. If the applicant can establish that their qualifying relative, either a United States citizen or Lawful Permanent Resident spouse or parent, will suffer extreme hardship if the waiver is not granted. If approved, the I-601A Provisional Waiver of Unlawful Presence permits the applicant to depart the United States without receiving a bar on returning, meaning the applicant can take a short trip abroad to be interviewed at the U.S. Embassy and then return home to their loved ones in the United States. The attorneys at MJB Immigration have helped many people from all of the world apply for the I-601A Waiver of Unlawful Presence – contact us to evaluate your case and if the requisite level of hardship exists to pursue your case.