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Explanation of the I-601A Provisional Waiver Rule

Explanation of the Provisional Waiver Rule for the Unlawful Presence Bar

By Ari Sauer, immigration lawyer with the Memphis, Tennessee office of the Siskind Susser immigration law firm.

 

USCIS will be publishing the final rule tomorrow January 3, 2013 for the I-601A Provisional Unlawful Presence Waiver

Mother. Public Domain. Credit: Lisa Runnels http://tinyurl.com/benqy9v

Mother. Public Domain. Credit: Lisa Runnels http://tinyurl.com/benqy9v

of Inadmissibility for Certain Immediate Relatives, but they made an advance copy of the rules available today. Below is my explanation of the rule based upon a combination of a reading of the rules and comments made by USCIS on a telephone conference today.

 

Why did we need a Provisional Waiver rule?

 

Certain individuals are ineligible for an immigrant visa because they are inadmissible under INA section 212(a)(9)(B) for 3 or 10 years because they were Unlawfully Present in the US for more than 6 months, or they would be subject to this bar if they were to leave the US.

 

A waiver of this inadmissibility is available for those who can show that if they are not granted the waiver, their US citizen or permanent resident (green card holder) spouse or parent would suffer Extreme Hardship. Under the regular process for the I-601 Unlawful Presence Hardship Waiver for an applicant for an immigrant visa at the US consulate abroad, the foreign national must first apply for the immigrant visa at the US consulate, wait for the consulate to deny the visa because of their 3 or 10 year bar, and then they can apply for the I-601 hardship waiver. Under the regular process, the foreign national must then remain outside of the US while waiting for USCIS to decide the waiver, which can take as long as a year. If the waiver is denied, then the foreign national is stuck outside the US until they have waited the required 3 or 10 years.

 

USCIS has determined that it is unfair to require Immediate Relatives of US citizens to wait outside the US for the long period it takes for them to adjudicate the waiver. They have therefore created the I-601A Provisional Waiver process, which allows certain Immediate Relatives of US citizens to apply for the waiver while they are in the US and wait here while USCIS decides the waiver application, and then leave the US for their visa interview after the waiver has been approved. This significantly shortens the length of time that these Immediate Relatives of US citizens must remain separated from their family.

 

When does the Provisional Waiver rule go into effect?

 

The rule will go into effect on March 4, 2013, which is 60 days after the rule is published by USCIS on January 3, 2013. Anyone who files an I-601A Provisional Waiver application before March 4, 2013 will have their application rejected.

 

Am I required to hire an attorney to apply for an I-601A Provisional Waiver?

 

No. It is not required that an attorney be hired to prepare the waiver application, but it is highly recommended. The standard for this waiver, Extreme Hardship to a US citizen parent or spouse if the waiver is not granted, is very high. It is more than just the usual hardship one would suffer if separated from their spouse or parent. An immigration lawyer who is experienced in filing hardship waivers knows what USCIS is looking to see when determining whether would be Extreme Hardship, and so working with an attorney to prepare the application will result in a much stronger application.

 

At the very least, one should consult with an immigration lawyer before beginning the process to determine if there are other grounds of inadmissibility that might result in the foreign national becoming stranded abroad when they go for their visa interview.

 

Finding the right immigration lawyer.

 

Who is eligible to apply for the I-601A Provisional Waiver?

 

To be eligible for the Provisional Waiver the foreign national must:

 

  1. Have an approved I-130 immigrant petition filed by their US citizen spouse or US citizen parent under the Immediate Relative category or have an approved I-360 VAWA petition as an Immediate Relative.
  2. Must be physically present in the United States when the I-601A application is filed and when they are fingerprinted for the application.
  3. Must not be subject to any other ground of inadmissibility.
  4. Have a pending Department of State (DOS) case with the National Visa Center and have paid the visa application fees.
  5. Must not have been scheduled for a visa interview appointment at the US consulate before January 3, 2013.
  6. Must be able to show Extreme Hardship to their US citizen parent or spouse.

 

Can I apply for the I-601A waiver if I am filing an I-485 Application for Adjustment of Status?

 

No. A foreign national who is in the US and is eligible to apply for an I-485 Application for Adjustment of Status would not apply for an I-601A waiver. If they require a waiver of the 212(a)(9)(B) Unlawful Presence bar, they would file an I-601 waiver application. The I-601A Provisional Waiver application is only for those who are currently in the US, but will be required to apply for an immigrant visa at the consular post abroad because they are not eligible to apply for an I-485 Application for Adjustment of Status.

 

If I am outside the US can I apply for the I-601A waiver?

 

No. A foreign national must be physically present in the US at the time they file their I-601A application and at the time they have they biometrics (fingerprinting) appointment for the application. If someone is currently outside the US and comes into the US without inspection then they might make themselves permanently barred from eligibility for a visa. A foreign national who is outside the US must apply under the regular I-601 process.

 

I am Unlawfully Present, but I also have a bar because of some criminal convictions. Can I apply for the I-601A Waiver?

 

No. The I-601 Provisional Waiver is only available where the only ground of inadmissibility the foreign national has is the Unlawful Presence 3 or 10 year bar under 212(a)(9)(B). If the foreign national requires a waiver for any other reason (such as a deportation order, certain criminal convictions, health-related grounds, fraud or misrepresentation, or as a smuggler) then they are not eligible to apply for the I-601A waiver and must instead apply under the regular I-601 process.

 

I have been told I must stay outside the US for at least 10 years before I can apply for the I-601 waiver. Does this new rule change that?

 

No. The new Provisional Waiver rule does apply to those who are subject to the permanent bar under INA Section 212(a)(9)(C) for those who have entered the US without inspection after having accrued more than a year of Unlawful Presence or having been Removed from the US. Those subject to the 212(a)(9)(C) permanent bar must remain outside the US for at least 10 years before they can apply for the waiver under the regular I-601 process.

 

If my I-601A provisional waiver application is approved, will I be able to apply for status in the US without leaving or for work authorization?

 

No. The I-601A provisional waiver will not allow someone to apply for status without leaving the US and approval of the I-601A provisional waiver does not allow the person to apply for work authorization, a driver’s license or a social security card.

 

I am in removal proceedings before an Immigration Judge, can I apply for the I-601A Provisional Waiver?

 

In order for a foreign national who is in removal (deportation) proceedings to be able to apply for the I-601A provisional waiver, they must first have their Immigration Court case terminated or administratively closed, or must have ICE cancel their Notice to Appear, before they are eligible to file an application for the I-601A provisional waiver. It is important to note that someone who has had their Immigration Court case administratively closed will be subject to a deportation order if they leave the US without first having their case terminated, even if their I-601A provisional waiver is granted.

 

I have been given a deportation order from the Immigration Court, but I never left the US. Can I apply for the I-601A Provisional Waiver?

 

Someone with an outstanding deportation order or removal order is not eligible to apply for the I-601A provisional waiver. In order to be eligible to apply, they would first need to have to the Immigration Court reopen their removal or deportation order and then administratively close or terminate their case. The same is true for someone who was granted Voluntary Departure, but did not leave the US under the grant of Voluntary Departure.

 

If I have been granted DACA Deferred Action, can I apply for an I-601A Provisional Waiver?

 

Those granted Deferred Action under the Deferred Action for Childhood Arrivals (DACA) are eligible to apply for an I-601A provisional waiver as long as they meet all the requirements for the program. Therefore, for example, a DACA beneficiary who has an outstanding order of removal would not be eligible to apply for the I-601A provisional waiver without first having their order reopened by the Immigration Court and administratively closed or terminated.

 

What petitions count as an Immediate Relative petition?

 

An Immediate Relative petition includes an I-130 filed by a US citizen spouse; a US citizen parents (as long as the petition is filed before the child’s 21st birthday and as long as the child remains unmarried); or a US citizen child over the age of 21. An Immediate Relative petition would also include an I-360 petition filed under the Violence Against Women’s Act (VAWA) based upon the foreign national’s relationship to an Immediate Relative.

 

However, children are not qualifying relatives when it comes to showing Extreme Hardship for a waiver of the 212(a)(9)(b) Unlawful Presence bar. So if someone is the beneficiary of an I-130 filed by their US citizen child, they must still have a US citizen spouse or parent who would suffer Extreme Hardship in order to qualify to file the I-601A provisional waiver.

 

I have an approved I-130 petition, but it is not in the Immediate Relative category. Will I be able to apply for the I-601A Provisional Waiver?

 

Not right now. But USCIS has stated that they may expand the program to other petition categories if the program works well.

 

I have an approved I-130 immigrant petition as an Immediate Relative from my US citizen spouse, but the Extreme Hardship would be to my elderly Permanent Resident parents. Will Extreme Hardship to them be considered in my I-601A Provisional Waiver application?

 

Not right now. Currently USCIS has said that they will only be considering Extreme Hardship to the US citizen spouses or parents for the I-601A provisional waiver. This is different from the standard for the regular I-601 hardship waiver, which takes into consideration Extreme Hardship to Permanent Resident spouses and parents as well as US citizen spouses and parents. While USCIS will not currently consider hardship to Permanent Resident spouses and parents, they have said they may consider changing this policy in the future after seeing how the new program works.

 

If my I-601A application is denied, will I be able to file again?

 

Yes, especially where the foreign national’s circumstances have changed or where they have been the victim of non-lawyers who are not authorized to practice law. But USCIS will expect an applicant who is applying a second time to provide additional evidence of Extreme Hardship or changed circumstances with the second application, above and beyond what was provided in the denied application. So it is best to submit a strong application the first time you apply, as it may be more difficult to get an approval the second time.

 

While it is not required to have your application prepared by an immigration lawyer, it is recommended, as an experienced immigration lawyer knows what USCIS is looking for when deciding whether Extreme Hardship exists and will be able to help you put together a stronger application.

 

If my I-601A provisional waiver application is denied, would I still be eligible to apply for an I-601 hardship waiver under regular processing?

 

Yes, in many cases. If a foreign national’s I-601A provisional waiver application is denied, the foreign national may still be eligible to apply for an I-601 waiver under the regular processing. For example, if the I-601A was denied because the foreign national has another waivable ground of inadmissibility other than the 212(a)(9)(B) unlawful presence bar, they would still be eligible to apply for an I-601, along with whatever other waiver may be required, after being denied at the visa interview at the consular post abroad. Additionally, if the I-601A was denied because there was not a sufficient showing of hardship to the US citizen qualifying relative, but the foreign national also has a Permanent Resident qualifying relative that would suffer extreme hardship, the foreign national might want to apply under the I-601 waiver regular processing, which would allow USCIS to take into consideration the hardship to the permanent resident spouse or parent along with the hardship of the US citizen’s hardship.

 

If my I-601A provisional waiver application is denied, will immigration try to deport me?

 

USCIS will continue to follow their current standard in deciding whether to issue a Notice to Appear to start deportation proceedings against someone whose I-601A provisional waiver application is denied. This means that immigration is not any more likely to try and deport someone whose I-601A is denied than someone who has been denied for any other immigration benefit. Most applicants will not be at risk for this. However if someone lies on their application or submits fake documents, they are likely to be put in deportation proceedings. Also, those with certain criminal convictions may be subject to deportation proceedings. For more information on the standards USCIS will use to determine who will be at risk of being put in deportation proceedings if their application is denied, go to www.uscis.gov/NTA.

 

How long will it take for USCIS to decide my I-601A Provisional Waiver application?

 

Right now USCIS does not have a timeline for how long they expect to take to decide I-601 applications. They expect to know more after March 4, 2013 when they can see how many applications they receive.

 

I have filed an I-601 hardship waiver and am waiting on USCIS to approve it. Will this new rule make it take longer for USCIS to decide my application?

 

USCIS has said that the new I-601A filings will not delay the adjudication of currently pending I-601 waiver applications. There has been no work yet on whether the I-601A program will cause it to take longer for USCIS to decide future I-601 hardship waiver applications under the regular process.

 

I have already applied for my immigrant visa and have been scheduled for an interview, but I haven’t left the US yet. Can I apply for an I-601A Provisional Waiver?

 

If the foreign national’s immigrant visa interview at the consulate was scheduled by the consulate before January 3, 2013, even if the interview was scheduled for a date after January 3, 2013, then the foreign national is not eligible to apply for an I-601 provisional waiver. This is true even if they did not show up for the interview, cancelled the interview or rescheduled the interview.

 

However, if someone did have an interview that was scheduled by the consulate before January 3, 2013, but they are now applying for a visa based upon an I-130 Immediate Relative petition filed by a different relative then they may be eligible to apply for the  I-601 Provisional Waiver. For example, if their current immigrant visa interview is based upon a petition filed by the US citizen parent, but they now have an approved I-130 filed by their US citizen spouse, they would be eligible to apply for the I-601A provisional waiver.

 

Also, if the DOS terminates the foreign national’s immigrant visa registration associated with the scheduled interview, which can sometimes occur when the foreign national goes more than a year without contacting the National Visa Center or the consulate processing their case, then the foreign national would then be eligible to apply for an I-601A Provisional Waiver based upon a newly filed and approved Immediate Relative I-130 immigrant petition, even if the new I-130 petition is filed by the same Immediate Relative.

 

If my I-601A Provisional Waiver application is approved, does that guarantee that I will be granted my immigrant visa at the consulate?

 

No. The approval of the I-601A provisional waiver of the 3 or 10 year unlawful presence bar for not guarantee that the consular officer will find the foreign national eligible for the immigrant visa. The foreign national must still show the consular officer that they are otherwise eligible for the immigrant visa. If the consular officer determines that the foreign national is inadmissible under a ground of inadmissibility other than the 3 or 10 year bar under 212(a)(9)(B), they will deny the visa. It may be that the foreign national would be eligible to apply for a waiver of inadmissibility for this additional bar, but this would require the filing and approval of a new waiver application. Furthermore, the consular officer can request that USCIS review the provisional waiver approval if the officer becomes aware of new factors which reflect on whether Extreme Hardship to a qualifying relative continues to exist.

 

If you would like to discuss your particular case with me or you would like my assistance with your waiver application, you can schedule a consultation appointment with me by calling  1-800-343-4890 or 901-682-6455.

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Submit questions to The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com or by posting your question on FacebookTwitter or LinkedIn. Questions submitted by email will be posted without the personal information unless specifically requested. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation.

* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

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205 comments on “Explanation of the I-601A Provisional Waiver Rule

  1. Laura Briseno
    May 10, 2014

    Hi, If my mother in law was denied a visa under INA section 212(a)(9)(B)(i) and does not qualify for a waiver. She has been in Mexico for the 3 years that they told her already. What are the next steps? Do we restart the whole process again?

    • That will depend on whether the immigrant petition that was filed for her is still current. If you do not wish to hire an attorney to assist you with this, then I would suggest starting by verifying with the DOS National Visa Center and/or USCIS whether the petition is still valid and where in the process her case is.

      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  2. cindy
    April 26, 2014

    hi in march 13th my husband went to his interview in juarez n got denied for a visa for the reason he came to the us without papers. but was elgible for a waiver. so i went to my lawyer n turn in the papers necessary for the i601 waiver . it was mailed april14th . my question is from that date how long does it normally take for a response n what will they mailed first . i was inform that first i would be getting by mail a receipt number n it will say they have my 1601 waiver info. and that after that i have to wait for another response if he got approve or denied. is that the way it normally how it is? thank u for taking the time to read this n hope u can answer my questions.

    • USCIS lists their estimated processing times for applications, including the I-601 and I-601A here: https://egov.uscis.gov/cris/processTimesDisplayInit.do;jsessionid=bacw8LxVO9M648Di7czxu

      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  3. Anonymous
    March 12, 2014

    I’m a us citizen, my husband was brought to the us with a visa when he was 9,by his parents. They over stayed and they got caught and punished for 5yrs.they renter illegally, he’s 24 now, hasn’t been back to Mexico ever since. We been married for 5yrs,we have 3 children. Help!we been thru alot of lawyers and they all say he will get the 10yr bar, he has 1 dwi

    • Unfortunately, sometimes there isn’t an answer. If he is subject to a permanent bar under 212(a)(9)(C), then there is little to do about it. The best I can offer you is that if you schedule a consultation appointment with me, I can go over any documents and history and see if maybe there was something the other attorneys overlooked. But I can’t make any promises. If you would like to do that, you can schedule a consultation appointment by calling 901-507-4270 and my paralegal, Jessica, will be able to assist you in scheduling an appointment with me.
      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  4. Len
    March 9, 2014

    I am a US citizen, and my husband is from Ecuador. Once his 601a is approved, and he is scheduled for the interview and biometrics testing back in Ecuador, how long should I anticipate that we will be in Ecuador? Is it something that happens fairly quickly, or should I plan to take a leave from work. No one seems to be able to answer this question.

    • Len,
      First of all, the US citizen or permanent resident petition is not required to come to the interview for the immigrant visa at the US consulate. I don’t know of any consular post that will allow the petitioner to be present at the interview. Some consulates will allow the petitioner to accompany the beneficiary as far as the waiting room, but many will not even let the petitioner into the building.
      As to the wait time, I don’t know what the current wait time is for Ecuador for issuance of the immigrant visas, but you should be prepared for a wait time of at least a couple weeks, assuming that everything goes well at the interview. This is because the medical examination must be completed prior to the interview and it takes some time for the visa to be delivered after the application is approved. If the applicant does not have all the required documents at the time of the interview, or there is some other reason why the consular officer cannot approve the application right away, then you should expect it to take longer.
      If you would like to consult with me about your situation, you can call 901-507-4270, and my paralegal, Jessica, will help you to schedule an appointment with me. For those who do not live near Memphis, TN, I am able to consult with clients by phone or by video.
      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  5. Berenice
    March 7, 2014

    Hello, all your information is very helpful, thank you!

    I have a question,
    Do I qualify for I601A waiver? If so, how likely will it be approved? or am I better off with the standard I601?

    My step dad petiotned for me(R2 category), my mother is a resident. My petition was approved prior to my 21th birthday(i am currently 26, long story), which makes me eligible for CSPA. My immigration interview in Ciudad Juarez is postponed and I was wondering if I should summit the I601A before leaving. My family owns a business and that’s where most of the extreme hardship comes from, besides all the basic hardship.

    Any helpful things would be very much appreciated.
    Thank you!

    • Berenice
      March 7, 2014

      *F2 category

      • Berenice
        March 7, 2014

        *****IR-2
        I apologize

    • Berenice:

      As I explained above in my article, if you had previously been scheduled for an interview before January 3, 2013, then you cannot file the I-601A. If you were not scheduled for an interview before then, then it sounds like you are eligible to apply for the I-601A, as long as the only thing you would need to waive is the 3 or 10 year bar under INA 212(a)(9)(B). But I do not know enough about your history or you and your family’s situation to tell you whether you have a chance to have the I-601A approved. The fact that your family owns a business is probably not enough of a hardship on its own, but there is probably more to your situation than that. I would recommend you having a full consultation with an experienced immigration lawyer as soon as possible to get a full answer to these questions. If you would like to consult with me about your situation to determine the answers to these questions, you can call 901-507-4270, and my paralegal, Jessica, will help you to schedule an appointment with me. For those who do not live near Memphis, TN, I am able to consult with clients by phone or by video.
      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  6. Liz
    February 28, 2014

    Hi, I am a USC by birth, and so is all my family. My eldest unmarried son over 21 was born abroad, and didn’t claim his citizenship before his 18th bday and lost it. He entered the US on the VWP, and because of misinformation, he overstayed his visa, so I decided to keep him with the family, since he was already banned, he was born in Spain and has no ties there whatsoever. I filed an I-130 which got approved, but stating he will not be eligible for AOS, USCIS sent the approved I-130 to NVC who assigned him an MDD number. His priority date is about to become current, and I am filing for his AOS (I-485) along with an I-601 (I have a degenerative medical condition documented by doctors, my son has no family ties across the Atlantic and never had any criminal records.) I am trying to get as many professional opinions regarding the waiver eligibility of my son, since I get all kinds of answers and nobody seems to get this straight.

    Thank you in advance for your attention and advice

    • Liz,
      First of all, you should consult with an experienced immigration lawyer about whether your son is a US citizen. It may be that you are mistaken that he is not a US citizen because he did not claim it before his 18th birthday. It may be that what you are thinking about is applying for a Consular Report of Birth Abroad, which must be applied for before the child’s 18th birthday. However is someone is a US citizen, but doesn’t apply for a CRBA, they are still a citizen. It just becomes a bit more difficult to prove it. So you should consult with an experienced immigration lawyer to determine if your son is already a US citizen and, if so, how to get the documentation he needs to get documentation that he is a citizen.
      Second, if he is not a citizen, it may be that he is not eligible to apply for Adjustment of Status (AOS) by filing an I-485 here in the US. If he is not eligible, then filing the I-485 is a waste of your time and money. If he is not eligible to file the I-485, then filing the I-601 waiver application together with the I-485 does not make him anymore eligible for the I-485. It just means you are wasting money on the I-601 in addition to the money you are wasting on the I-485. And if he is eligible to apply for the I-485, then he might not need the I-601 waiver application. So you should consult with an experienced immigration lawyer to a) if your son is a US citizen, b) if not, then is your son is eligible to apply for the I-485 in the US, c) if he is eligible to apply for the I-485, does he need a waiver, d) if he is not eligible to apply for an I-485, is he eligible for the I-601A Provisional Waiver here in the US before applying for a visa at the consulate abroad, and e) if he is not eligible for the I-601A provisional waiver, would he have a shot at getting an I-601 waiver approved at the consulate abroad. If you would like to consult with me about your son’s situation to determine the answers to these questions, you can call 901-507-4270, and my paralegal, Jessica, will help you to schedule an appointment with me. For those who do not live near Memphis, TN, I am able to consult with clients by phone or by video.
      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  7. Anonymous
    February 24, 2014

    Does visa overstayed father of a US citizen over the age of 21 have to exit the county to get green card or can be done while in the use. How long will it take. How much is your fee? Does any penalty need to be paid to US gov’t?
    Is any waiver filing required or only for I-485 along with I-130 should be filed?

    • Often the father of a US citizen over 21, who last entered the country with a visa or was paroled, is eligible to apply for a green card in the US without leaving the country. Usually this can be done without paying an extra “penalty” fee to the US. If eligible to file for a green card here in the US as an “Immediate Relative”, and they do not require any waivers, the process can be fairly quick (currently 4 to 6 months). I do not list my prices on this website. You can call my office at 901-507-4270 and my staff will let you know what my consultation fee is. I cannot say what my fee for a particular case would be until I have had a full consultation with the client and determined what I need to do in order to help them.
      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  8. Pingback: If I have a deportation order can I still apply for an I-601A waiver? | Immigration Lawyer Ari Sauer - The Immigration Answer Man

  9. B
    February 7, 2014

    I have a question in regards to my husband’s eligibility for the I-601A Waiver rule. He entered the US illegally in August 2006 and was removed on the border twice. He then entered the US illegally in September 2006 (successfully). He was 16 years old at the time. We have filed the I-130 petition and we are wanting to know if he would qualify for the waiver. Thank you so much for your time.

    • It sounds like your husband may be subject to the permanent bar under INA Section 212(a)(9)(C), rather than the Section 212(a)(9)(B) three or ten year bar. If so, the I-601A will not help him as the I-601A cannot waive the 212(a)(9)(C) permanent bar. The I-601A can only waive a bar under 212(a)(9)(B). I recommend that you consult with an immigration lawyer before filing.

      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari. You call 901-507-4270 to speak with my paralegal and schedule a consultation appointment with Ari Sauer. Ari Sauer is available to conduct consultation appointments in his office in Memphis, TN or by phone with clients throughout the country and throughout the world. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  10. cw
    January 28, 2014

    Sorry about the confusion that I showed in my last comment. After doing more research, it seems to me that I-601A is targeted at the children and spouses of USCs who are ineligible for AOS due to their illegal entrance without inspection, but who are NOT subject to section 212(a)(9) or any other ground of inadmissibility. Is that right?

    • Almost right. The I-601A is a potential option for the children and spouses of USCs who are ineligible for Adjustment of Status due to their illegal entrance without inspection (or who are not Immediate Relatives because they are aged-out or married children of US citizens), who ARE subject to the section 212(a)(9)(B) ground of inadmissibility, but NOT subject to any other ground of inadmissibility.

      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari. You call 901-507-4270 to speak with my paralegal and schedule a consultation appointment with Ari Sauer. Ari Sauer is available to conduct consultation appointments in his office in Memphis, TN or by phone with clients throughout the country and throughout the world. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

      • cw
        January 28, 2014

        Thank you so much for your prompt reply! I have one more question: does that mean immediate relatives of USCs who entered legally with inspection could file for AOS as normal, namely without any waivers, even if they have overstayed their visas and/or worked without a permit, so long as there are no other ground of inadmissibility, such as fraud, crime, health issues, etc.? Will such applications (overstayed applicants, with unauthorized employment histories) face certain complications that “simpler” I-130/I-485 cases won’t have?

  11. cw
    January 28, 2014

    Now, I’m confused about the condition attached to this provisional waiver, I-601A. If a noncitizen has a USC spouse or parent, is physically present in the U.S. and is free of any other ground for inadmissibility other than his/her unlawful presence for more than 180 days, why wouldn’t the noncitizen be eligible for AOS, since he/she would fall into the statuary exceptions as an immediate relative of a USC? Can you give us an example of an unlawfully present noncitizen falling into the category of I-601A’s eligibility but not I-485’s?

    • Some examples of why someone would have a qualifying relative for an I-601A but not be eligible to apply for an I-485 as an Immediate Relative are: Someone who did not have a lawful entry, so that they cannot apply for I-485 as an Immediate Relative. Also someone who is over 21 (and not eligible for CSPA protection) or is married, so that they do not qualify as an Immediate Relative even though their parent is a US citizen.

      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari. You call 901-507-4270 to speak with my paralegal and schedule a consultation appointment with Ari Sauer. Ari Sauer is available to conduct consultation appointments in his office in Memphis, TN or by phone with clients throughout the country and throughout the world. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  12. Ivana
    January 17, 2014

    Hello, if someone entered the US with a different name and visa in 2001, does she qualify for the I-601A? She already has the I-130 approved petition by her husband. Thank you!

    • The problem is that the I-601A currently can only be used to waive the 3 or 10 year “unlawful presence bar” under INA 212(a)(9)(B). Making a misrepresentation or using false documents to enter the US creates a different ground of inadmissibility, or bar under INA 212(a)(6)(C). The I-601 can potentially be used to waive the (6)(C) bar, but the I-601A cannot currently be used for that bar. It might be that in the future the DHS might expand the availability of the I-601A to allow for it to be used to waive the (6)(C) bar for misrepresentation, but they have not shown any indication yet, that they are planning to do that.
      But someone who’s last entry into the US was when they were inspected and admitted by an immigration officer using someone else’s passport should consult with an immigration lawyer about whether they can apply for a green card based on their marriage to a US citizen without leaving the US.

      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  13. Marisol
    December 30, 2013

    Hi I have a quick question I filed a petition for a visiting visa for my mother in law she will go back to her country before the date given to her. She also got a 10 year to come in and out of the USA, my question can I cancel any paper work that I am responsible for her to enter back to the usa?

    • Not that I am aware of. Although technically you did not file a petition for her to get her visitor visa. She filed a visa application and part of the evidence she provided in support of the application was the documentation you provided her. You had the option not to provide it, but once it has been used and the visa issued, you can’t cancel it in order to have her visa revoked.

      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari. You call 901-507-4270 to speak with my paralegal and schedule a consultation appointment with Ari Sauer. Ari Sauer is available to conduct consultation appointments in his office in Memphis, TN or by phone with clients throughout the country and throughout the world. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  14. Raj
    December 20, 2013

    Hi my name is raj i am from india..
    last time when i visited usa i was on an m-1 visa(non immigrant) for my pilot training, but unfortunately i met with an accident(car) so i overstayed for 6months +8days exact for my court case, beacuse i got a criminal+traffic ticket from the cop,
    So to clear my criminal case i overstayed and did the proper advocate programme to get a clean chit.
    but unfortunately my traffic ticket was not cleared, so now the court people are calling me to clear my ticket. as i applied for b1/b2 visa now,will i get the visa?
    and suppose if i get will the port of entry(usa) immigration people will allow me to enter as i overstayed for more then 6months.
    does a 3years bar are triiggred on my case?

    • I don’t have enough information about your situation to say whether a 3-year bar was triggered under INA 212(a)(9)(B) for you, but it sounds like it might have. There is a waiver available for the 212(a)(9)(B) bar for those applying for nonimmigrant visas (such as a B-1 visitor visa) under INA 212(d)(3). So it is potentially possible to get a visitor visa even if you are subject to the 212(a)(9)(B) three year bar. You should consult with an immigration attorney to determine whether you might be eligible for the 212(d)(3) waiver. If you would like to schedule a consultation appointment with me, you can do so by calling 901-507-4270.

      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari. You call 901-507-4270 to speak with my paralegal and schedule a consultation appointment with Ari Sauer. Ari Sauer is available to conduct consultation appointments in his office in Memphis, TN or by phone with clients throughout the country and throughout the world. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  15. Anonymous
    November 21, 2013

    my mother is in us she filed july 2007 my son is over 21 year what form may i fill when my file is open he is 28 yrs.

    • There is not enough information here to be able to answer this questions. You should consult with an immigration lawyer to determine what options might be available for you and your son.

      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari. You call 901-507-4270 to speak with my paralegal and schedule a consultation appointment with Ari Sauer. Ari Sauer is available to conduct consultation appointments in his office in Memphis, TN or by phone with clients throughout the country and throughout the world. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  16. Favored
    November 18, 2013

    Hi, I was once denied admission at the border, but ordered immediate removal for reasons unknown. Now my husband who is a USA citizen filled in my petition and my 1-130 immigrant visa has been approved. Will I be admitted back to the USA ?

    • It is hard to say without more information. It depends on the reason why you were denied admission. It may be that you may be eligible to apply for a waiver of any ground of inadmissibility.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  17. Emmie
    October 7, 2013

    Hi David.im a Filipina i worked in Japan 13 years ago and i overstayed for 1 year.Now how it will affect to my K-1 visa?is this a ground for denying my visa?i got a police clearance certificate from Japan embassy.i was not deported from Japan because i surrendered myself to the immigration then come back home.What is the best to do?thank you…Emmie

  18. Randy
    October 4, 2013

    Hi, I am a US citizen and I want to bring my mother to live with me in the US, she had a tourist visa and overstayed her visa then she left the US and went back to the Dominincan Republic. What I have to do to apply and bring her back to US.

    • Randy,

      That depends on a few factors, such as the length of time that she overstayed her visa and when this happened. As a US citizen, you can file a petition to sponsor your mother for an immigrant visa. However you should have a consultation with an immigration attorney to determine if your mother’s previous overstay would make her ineligible for the immigrant visa at this time.

  19. Jessica
    October 3, 2013

    My husband entered w/out inspection in 99 and left in jul 2001 for less than a month and reentered w/out inspection Aug 2001. We are applying for the I601A and we don’t know if putting both entry and exit dates will affect getting approval or if it will affect us once we have the interview with the consulate?? Can you please share your insight on our situation. My lawyer said to be honest and put both but another lawyer told a friend who’s in the same situation to put the last entry date only. What should we do???

    • Jessica, I don’t think your lawyer friend would appreciate it if you went around telling people that he told you to lie and commit fraud on a visa application. That is the kind of thing that can get an attorney in trouble.

      I am not going to say I disagree with your lawyers because they know more about your situation than than I do. But it sounds like you are probably subject to a permanent bar under INA section 212(a)(9)(C) for for accruing more than a year of unlawful presence and then reentering the US without being inspected. I have posted elsewhere in my blog about this bar of inadmissibility. If you are subject to this bar, then that is not a bar that can be waived using the I-601A.

      Of course I would recommend against filing a fraudulent application with USCIS or the Department of State. Filing fraudulent applications is something that the US government particularly dislikes and if you are caught it would not be surprising if they try to deport you. If they catch the lie while you are outside the US, they will deny the application and you will be stuck outside the US without a visa.

      There is another option. Doing nothing right now and wait. While there is no guarantee, hopefully Congress will pass an immigration reform bill and that bill might have the changes you would need.

      Of course since I do not know enough about your situation to guve you a completely reliable answer, I think my best advise would be to get a third opinion by having a full consultation with a reliable experienced immigration lawyer.

  20. Rona
    September 17, 2013

    Hi , I am rona . i petition my kids for immigrant but i am on removal proceddings now i have another hearing this coming november , i just want to ask my removal procedding will affect my petition of my kids but I recieve payment for thier visa now. What do I do …

    • Rona:

      Yes. If you are in immigration proceedings and they are trying to take away your permanent residencw, that is definitly something that can affect your petition for your children. You need to hire a good immigration attorney yo reoresent you before the immigration court.

      I am assuming the fees you are talking about are the DOS National Visa Center filing fees. You don not have to pay the NVC fees when you receive them. As long as you don’t go more than a year without communicating with the NVC, you can wait to pay the NVC filing fees.

  21. clara M
    September 9, 2013

    Hello my name is Clara,
    I petitioned my husband the I-130 was approved, he had an DUI in 2003, will this affect his 601A when we file it?

    • Yes. Even though they shouldn’t be, USCIS has been denying some I-601A applications for people with criminal records, even where those convictions would not make someone inelligible for the visa.

      But that might change. So you should work with an attorney who is knowledgable enough to know if and when USCIS has changed their policy regarding DUI convictions and the I-601A.

  22. Anonymous
    August 15, 2013

    I have a friend that came to the US from Mexico on a visitors visa in 1987, when that expired she was told it would not be renewed and she was to return to Mexico. She never went back to Mexico but in 1990 she returned for a visit and when she came back across the border into the USA she was stopped and she was fingerprinted but gave a false name and then sent back to Mexico. She later came across the border again illegally and has been here ever since (1990).

    She had just recently applied through her adult citizen son to become legal. She returned to Mexico for her interview (July 13) with her son and at that point she was denied and questioned why she gave a false name with her fingerprints back in 1990. She told them she had made a poor judgement and lied. She also admitted to coming back to the US and living here since 1990.

    They told her to file a I-212 through her resident alien mother as that was her only hope of ever being able to return to the USA. She is currently in Mexico and her two minor children are here with her mother. I have recommended that she seek legal advice, but of course she can not afford that and wants to fill out the waiver and submit on her own. I am not sure when she gave her fingerprints what information she submitted or what the status of her being returned was as she does not remember and can not find any papers from that removal.

    She has a declaration from her mothers doctor stating that her mother is in poor health and elderly and in need of her daughters return to care for her and the two minor children.

    Do you think she has a reasonable chance to be granted permission to return with the filing of the I-212.

    Thank you in advance for any information you may be able to provide.

    • She should seek the assistance of an immigration attorney. I can’t comment on her chances for approval of the I-212 waiver without knowing a lot more about her situation. It sounds like she probably needs an I-601 waiver as well. Having an experience trustworthy attorney assist her will improve her chances of the waiver being approved as an experienced attorney knows the type of evidence that the consular officers are looking to see when adjudicating a waiver application and can help the person to put together a stronger waiver application.

      But even if she doesn’t want to hire an attorney to assist her with the application, I would still recommend that she at least have a consultation with a good immigration attorney before she files any waiver application as it may be that filing an I-212 is not appropriate for her situation and to do so would be a waste of her time and the application filing fee.

  23. Jessica Caguana
    May 22, 2013

    Im a u.s citizen my husband came here without inspection from ecuador in 2002 at age 16. We have been married for 3 years with 2 kids. What do we do to get him to be legal?

    • Your question is too broad to answer here. You need to have a consultation appointment with an immigration attorney who will be able to go through your husband’s history and determine what options, if any, are available to legalize his status.

      If you would like to schedule a consultation appointment with me, you can call 901-507-4270.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  24. Gracie
    May 16, 2013

    Hello,

    I read a comment earlier On your page talking about DACA. I was approved for DACA I now have my work permit and all. Now My husband peticioned me and we are on te last stage waiting for a reply for the interview, we are of course going to apply for the I-160A waiver since my parents brought me when I was 12 years old and we came with out an inspection. I am now 24 and we do not have children. But indeed my husband has a rare condition and he needs my support. My question is will my DACA approval will help at all with the waiver and at the time I’m interviewed in Mexico?

    • Not necessarily, but it certainly doesn’t hurt. You might want to talk to an immigration lawyer about the possibility of obtaining an advance parole travel document based on your DACA and how this might be able to help you to apply for a green card here in the US without needing a waiver. I say “might” because this is something that is more complicated than I am comfortable explaining on this blog, because each case is different.

  25. maria gonzalez
    May 15, 2013

    I just recieved a letter sayn my husbands l-601 has been approved for the waiver of grounds.. does this mean ge will be able to come back

  26. antonia
    May 10, 2013

    My husband was denied for 10 years because he came inlligaly to the usa and went back and came back to usa can I apply for a waiver for him does not have a criminal record

  27. Oliver
    May 8, 2013

    Hi, my name is Oliver and I am a us citizen. My wife crossed the border in the desert for the first time and got detained by a border patrol, she got send back to Mexico the same day. Is this voluntary departure? The next day she crossed again and she made it. We send her fingerprints to the FBI to check her record. It all came clean. In the records it did NOT show when she got detained back in 2007. Can she apply for the 601A waiver.

    • Oliver:

      It is not a Voluntary Departure. A Voluntary Departure is a form of relief that can be granted by an Immigration Judge. It could possibly have been a stipulated removal or an expedited removal, each of which means that she was ordered deported. Or it could have been that they sent her back without any formal determination. In theory an expedited removal or stipulated removal order should come up in an FBI check and/or a Freedom of Information Act request to the CBP and EOIR. But that is not 100% true. The only 100% sure way to know is to have ICE fingerprint the person and run their prints, which is not an option unless the person gets picked up by ICE, in which case they have issues whether they have a prior removal order or not.

      Since the FBI check came up clear, it is likely, but not guaranteed, that when they were sent back it was not an expedited removal or stipulated removal. So she is probably not barred from the I-601A because of it. However, that is assuming she had not been in the US without status for a year before her last entry without a visa into the US. It is also a good idea for her to consult with an immigration attorney to make sure that there are not other grounds of inadmissibility that might result in her being ineligible for the I-601A waiver or the immigrant visa.

      Ari Sauer

      You can call 901-507-4270 to schedule a consultation appointment with me to discuss this further or if you would like my assistance with the waiver or visa process.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  28. CDS
    May 6, 2013

    My Fiance (US Citizen) Petitioned for her father (I-130) and has now been doe to the embassy interview in his country however, the issue is that 17 years ago he attempted to enter the US under someone else’s name and docs, had completely forgot about all of that and the name came up during the interview. He didn’t recall the name at the time and hadn’t disclosed anything about it. What can possibly happen now????

    • They could deny his visa because of his misrepresentation. Under the current laws a US citizen daughter is not a qualifying relative that would allow someone to apply for a waiver of the inadmissibility resulting from lying to gain entry into the US. A US citizen or US permanent resident spouse or parent is required under the current law. If the petitioner is also sponsoring their mother (the father’s wife) then there might be an option to apply for a visa after the mother comes to the US as a permanent resident. But they would still need to show extreme hardship to the wife if the visa was not issued.

      Some potential good news is that the current version of the Senate immigration bill would allow for the waiver to be applied for based on hardship to the US citizen daughter. But we are just in the initial stages of that process. So we still don’t know if an immigration law will be passed by Congress this year and, if so, whether it will contain this change. I recommend that you contact all your US citizen friends and have them call their Senators and Congressmen and ask them to support the immigration reform bill.

      You can call 901-507-4270 to schedule a consultation appointment with me to discuss this further or if you would like my assistance with the visa process.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  29. Sarah
    May 3, 2013

    Hello! I have two questions. could it damage our families chances if my children and I go to Mexico with my husband when he goes to his interview or does that matter to the folks at the consular office? We just don’t want to be separated and if we can go without damaging our case, it would be for a month at most. If it takes them longer than that to approve it I would have to return for work Also, I don’t have the money for an attorney because I am the only working to support our family of 6. I got a list in the instructions for the I-601A of what can be used as supporting evidence and I have letters from my doctor of my medical conditions, our pastor, myself, my husband(the required explanation) and from some friends at church. Plus I have proof of my my job and our house and other assets we would lose. Would that not be enough for them to consider granting the waiver? If I had the money I would hire an attorney, but I don’t. My husband isn’t working because the times he has worked the people he worked for refused to pay hi Thank you!

    Sincerely,
    Sarah

    • Sarah:

      It shouldn’t make a difference either way whether or not you and your children go to Mexico with your husband. At that point your I-601A would be approved and it is just a matter of the consulate reviewing the documentation to make sure your husband is still eligible and not inadmissible for any other reasons other than the unlawful presence 3 or 10 year bar. So go to mexico. But I would advise you not to go to Cidad Juarez and not to take your children there. It is a dangerous city for US citizens.

      I recommend that everyone consult with an attorney to review their situation and make sure that there is nothing in their history that would make them ineligible for the visa despite the approved I-601A. Just because someone has the I-601A approved, that is not a guarantee that they will receive the visa. If you cannot afford to pay to consult with an attorney you should look into whether there are any legal aid organizations that provide pro bono (free) immigration assistance or advice to those in financial need.

      It sounds like you are going in the right direction as far as evidence of hardship, unfortunately I cannot comment on how strong your I-601A waiver would be without a full consultation and seeing your documentation.

      Ari Sauer

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  30. David
    May 1, 2013

    If there any waiver included in the New Immigration Reform Proposal for individuals who were charged with “False claims of US Citizenship”?

    On 05/01/2002, my wife and her sister tried to illegally entry the country, they were detained at the port of entry Nogales, AZ, they both were asked to sign several documents but they did not know what they were signing. (everything was in English, and she does not speak English.) Finally they were removed to Mexico. Same day she returned to USA using different Port of entry, and she has been here in USA since then.
    I am a US citizen and filed an 1-130 couple years ago, but never filed 1-485 as she EWI to the country.
    I requested FOIA and found out that in addition to the Removal, she was charged with “False claim of U.S. Citizenship,” (However, she stated that she NEVER said she was a US citizen.)
    We have 4 children under 10, and I understand that there is NOT waiver for False claim of US citizenship.
    In the new Immigration Reform proposal, is there any waiver for individuals with these type of situation and charges?
    If not, is any way that we can fight the “False claim of US citizenship, requesting to set aside this charge, re-open the deportation case, and finally apply for residency under my condition of US Citizen? What about a Suspension of Removal procedure?

    • David:

      Yes. The current version of the Senate bill makes and exception claims to US citizenship made by children under age 18 and those who do not have the mental capacity to know that they are falsely claiming to be a citizen. It also would create a waiver based upon extreme hardship to US citizen or permanent resident spouse parents and/or children. We will have to see if this part makes into the final bill and if the immigration bill is passed by Congress.

  31. Anonymous
    April 30, 2013

    I’m US citizen i pettition my siblings over 21 years of age and they live in kenya how long takes for them to come to USA?

  32. Lory
    April 29, 2013

    Hello Mr. Sauer:
    Question? Do you have immigration firms, in the state of Florida. I need to do the I-601A for my husband. Also, how much do they charge to fill the form?
    Thank You & God Bless!!!

    • Lory,

      My firm does not have an office in Florida. However, I am able to assist clients in all 50 states and throughout the world with their US immigration law issues. So if you wanted me to represent you, I could do so. When it comes to the I-601A it is not a matter of filling out the form. Anyone should be able to fill out the form themselves. But the I-601A, like many immigration applications, is not about the forms, but about providing the right supporting documentation to show that the applicant is eligible to have the application approved. The level of extreme hardship that is needed to have an I-601A approved is more than the normal hardship that a spouse would suffer if their husband or wife were separated from them. Having an experienced attorney put together the application and supporting documentation for you increases your chances of having the I-601A approved. Also, many people are applying for the I-601A when they really shouldn’t be. So even if you are planning on filing the application yourself, you should have a consultation with an experienced immigration lawyer first to make sure you are eligible to have the I-601A approved and to receive the visa from the consulate abroad if the I-601A is approved.

      You can call 901-507-4270 to schedule a consultation appointment with me.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  33. Wendy Sanchez
    April 23, 2013

    Hello quick question. My husband submitted his I-601 Waiver of grounds of Inadmissibility back on January 7th and I checked on the USCIS website and it states the process takes up to 4 months. So his deadline will be May 7th. However I’m wondering if there could be any reason why this process could take longer of if everything is fine then should we expect an answer by then?

    • Wendy,

      The processing times are only approximate guesses based on the filing dates of the applications that USCIS is currently working on. There is a lot of room for error with those. Also, the processing times are the estimated time before a USCIS adjudicator gets around to looking at the application, not the time that they actually make a decision on it. It is not unusual for an application to take longer than the listed processing times. If the petition has been pending for more than a month beyond the listed processing times then you or your attorney can contact USCIS to have them check on it to make sure it is processing correctly.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  34. Anonymous
    April 22, 2013

    I am a US military member and I have filed for a visa for my mom which was denied by the embassy.The reasoning stated: section 212 (a)(6)(c)(ii)-false claim to U.S. Citizenship. Is there anything I can do to help my mom enter the US? Can I file for a waiver of ineligibility?

    • Unfortunately the waiver for the 212(a)(6)(C)(ii) bar for a false claim to US citizenship is only available in one very limited situation and I have never actually seen a foreign national who fell into that situation. Your only chance is to fight the consulate’s claim. You should consult with an immigration attorney to see if there might be a basis to argue that she didn’t make a claim to US citizenship which would make her subject to the bar (most, but not all claims to citizenship subject someone to the bar). This should be done soon as your mom only has one year from the date her visa was denied within which to request review of the decision.

      You should also contact your Congressman and Senators and let them know about your situation. Congress is right now considering an immigration reform bill that may include a broadening of the availability of a waiver for this bar. They need to hear from you, especially since you are a military member, so that they know why it is so important to change this rule in the immigration laws.

      You can call 901-507-4270 if you would like to schedule a consultation appointment with me to discuss whether there is a basis to argue that the consulate was wrong in claiming that your mother was subject to the 212(a)(9)(C)(ii) bar.

  35. nell
    April 22, 2013

    Hello, I filed for my husband and everything got approved, now we are waiting for an interview at the embassy abroad, how long does an interview takes after approval of an hardship letter

    • Nell,

      It depends on the consulate and how busy they are. Anywhere from a couple weeks to a couple months.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  36. Suzy
    April 22, 2013

    Hi my husband was denied a visa based on section 212 (a) (9) C (i) (1)
    what can we do he was denied in jan 0f 2004.

    • Suzy,

      Hopefully Congress will pass an immigration reform law that will get rid of 212(a)(9)(C) or at least make waivers more available. Unfortunately, under the current law, someone who is subject to the 212(a)(9)(C) permanent bar must remain outside the US for at least 10 years (and be able to document it) and only then they can apply for a waiver of the bar.

      You should contact your Congressman and Senators and tell them to support the immigration reform bill and push for relief for those subject to the 212(a)(9)(C) bar. They need to hear from US citizen spouses in order to know how terrible that section of the law is.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  37. I S
    April 22, 2013

    Hi, I have a DACA approval. My wife will file an I130 for me. Once approved, we will try the provisional waiver. Do you know approximately how long will I have to stay abroad? Also, once this process has started, do I HAVE to go thru with it or can I decide to not go thru with it and wait on the dream act or CIR?

    • IS,

      Those with DACA approvals should discuss with their attorney about alternative options to the I-601A provisional waiver.

      Someone who applies for the I-601A provisional waiver is not required to apply for the visa if the waiver is approved. The way the provisional waiver works is that the person waits in the US while the waiver application is being decided. If it is approved, then the foreign national would complete the visa application and have a visa interview scheduled. The foreign national would travel abroad for the medical examination and the interview and would then wait for a decision from the consulate about the visa. The wait time depends on the procedure used by the consulate, but it usually is a couple days and isn’t normally more than a couple weeks.

      If you would like to discuss your options further, or you would like assistance with the petition, waiver and visa applications, you can call 901-507-4270 to schedule a consultation appointment with me.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  38. Rudy
    April 20, 2013

    Hi, I am a US citizen, we just send the I601A, for my wife last week, how long does it take them to respont with a decesion?

    • Rudy,

      USCIS is not currently posting their processing times for the I-601A. Assume that it will take at least 6 months to receive a decision.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  39. Beverly Garcia
    April 20, 2013

    HI,
    I filed an I130 petition in 2006, the petition was approved but we didn’t continue in fear at time. Can I use this as approved I130 to file for the waiver for spouse???

    • Beverly,

      When an I-130 petition approved, and in the form the petitioner said that the beneficiary would be applying for the visa at the consulate, the file is sent to the Department of State. The Department of State then sends out notice to the petitioner with instructions on how to pay the DOS filing fees and how to apply for the visa. If a period of more than one year goes by where the DOS does not receive any communication form the petitioner or the beneficiary, then the DOS will terminate the case. This has the affect of revoking the I-130 approval. When this happens a new I-130 is required.

      If you would like to discuss your eligibility for the I-601A provisional waiver further, or you would like assistance in preparing and filing the I-130 and any required waivers, you can call 901-507-4270 to schedule a consultation appointment with me.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

      • Anonymous
        May 6, 2013

        Hi
        I called the NVC and the rep said I could use the i130 petition even if I filed in 2006 ??? I called after writing you… I’m so confused!!! We got the petition approval but nothing after that.. My uscis status just says post decision… I don’t know if that means anything but?????
        Thanks Beverly

        • Beverly:

          I don’t have enough information to answer your question. If you like, you can call 901-507-4270 to schedule a consultation appointment with me to discuss your case. If you want you can hire me to find out the status of the case and to handle it for you, if there is anything that can/needs to be done.

          Ari Sauer

          * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  40. Daniela
    April 20, 2013

    Hi my name is Daniela. I submitted the I-130 for my husband, he now has his consulate interview schedule. He has not been ask to file a waiver. Is there a chance they can grant him a permanent resident card?

    • Daniela,

      If someone needs a waiver then their application will be denied at the visa interview. Then if they are eligible for the waiver they will be able to apply for the waiver and will have to wait for the waiver to be approved. If the waiver is approved then they will have their visa granted. The exact details of the process of how this all happens is a little different for each consular post, but that is how it works. This is different from the process for those who have approved I-601a provisional waivers (unless the person with the I-601a is denied the visa at the consulate for some reason other than the 3 or 10 year unlawful presence bar).

      If you would like assistance with preparing and filing the waiver, you can call 901-507-4270 to schedule a consultation appointment with me.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  41. Busra Gunana
    April 17, 2013

    hi
    my name is busra and I am from turkey but I am married in usa and I got my green card for 2 years and then I went to turkey to visit my parents for 2 months but I got e mail from uscis that I should file I-601A i am not sure about it is fake or i am really have to file this from because i alreay got my card if you help me i ll be thankful to you

    • Busra,

      The I-601a provisional waiver is not for people that are already green card holders. I suggest that you have an immigration lawyer take a look at the notice you received so you can get a better answer to your question. If you would like to schedule a consultation appointment for me to review your notice, you can call 901-507-4270.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  42. Andrea
    April 16, 2013

    Hi,
    I’m a US citizen and petitioner for my only girl child over 21. She has an approved I-485. Do she need I-601A visa waiver.
    THanks in advance for you advice and suggestion.

    • Andrea:

      If someone has an approved I-485, that means that they have been granted a green card and they are now US permanent residents. A US permanent resident does not need an I-601A waiver.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

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Ari Sauer

Ari Sauer is an immigration law attorney with the Memphis office of the Siskind Susser law firm. Ari answers questions on US immigration law submitted by readers. Email Ari Sauer to submit a question. immigrationanswerman@gmail.com

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