Immigration Lawyer Ari Sauer – The Immigration Answer Man
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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.
(DUE TO A CHANGE IN THE USCIS REGULATION, AN UPDATE OF THIS ARTICLE WAS PUBLISHED ON NOVEMBER 7, 2016. SEE THE UPDATED INFORMATION HERE: https://immigrationanswerman.com/2016/11/07/updated-explanation-of-the-provisional-waiver-i-601a-for-the-unlawful-presence-bar/)
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
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:
- 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.
- Must be physically present in the United States when the I-601A application is filed and when they are fingerprinted for the application.
- Must not be subject to any other ground of inadmissibility.
- Have a pending Department of State (DOS) case with the National Visa Center and have paid the visa application fees.
- Must not have been scheduled for a visa interview appointment at the US consulate before January 3, 2013.
- 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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* 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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267 comments on “Explanation of the I-601A Provisional Waiver Rule”
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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
Immigration Lawyer Ari Sauer - The Immigration Answer Man 
Hello my husband entered illegally he has been here for 8 years but he is 22 years old, i am a citizen. Do I first file I130? Then what is the next step?
In this situation, you should make sure you consult with an experienced immigration lawyer. Your husband might be eligible for an I-601A provisional waiver. Or if he is eligible for DACA deferred action, he should discuss with an attorney the pros and cons of possibly applying now. Or he might be barred from those and other benefits.
But if you want to go ahead and apply for the I-601A waiver without first consulting with an attorney, then the answer to your question is that you would wait until the I-130 is approved, then pay the filing fees to the National Visa Center, then file your I-601A application with USCIS.
If you would like to have a consultation appointment with me to learn more about this, or to hire me to assist you, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. 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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A person here is granted their I-601a waiver and will go abroad for the interview to get the immigrant visa. Assuming this too will be approved, what happens to his/her spouse who also has been an illegal overstay in the US? Can the spouse be somehow included or what will be the solution for this, if any? Thank you in anticipation of your response.
Unfortunately, while an I-601a waiver can be approved based on a showing of extreme hardship to US a citizen and US permanent resident parent, a mother-in-law or father-in-law is not a qualifying relative. So the spouse is not eligible for an I-601a waiver at the same time as the original applicant. However, when the original applicant returns to the US on an immigrant visa, they are then a US Permanent Resident and their spouse could potentially be eligible for an I-601a waiver if it could be shown that the original applicant (who is now a US Permanent Resident) would suffer extreme hardship if their spouse’s I-601a waiver is not granted (assuming they are are otherwise eligible for an immigrant visa).
I recommend that anyone in this situation should consult with an experienced immigration lawyer before applying for anything. If you would like to have a consultation appointment with me to discuss what options may be available to you, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* 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.
My wife came to the country January 2014 on k1 visa but didn’t get marry the man who sponsored her. We got married about two months ago and she’s currently on tps, that expires May next year
Can she change her status on her tps or apply for a waiver
I will appreciate your response
Thanks
Someone who enters on a K-1 fiance visa and does not marry their US citizen fiance is barred from changing their status or applying for Permanent Residence (green card) in the US. There is a very small number of exceptions to this rule. So someone in this situation is most likely is not eligible to apply to change/adjust their status here in the US, even if they are now married to a different US citizen. In order to obtain permanent residence through a marriage to another spouse, they must apply for the visa at the US consular post abroad. Most of the time, those in such a situation would trigger a 3 or 10 year bar of inadmissibility because of their accrued Unlawful Presence. Therefore most in such a situation will need either an I-601A provisional waiver, or an I-601 waiver (if they are not eligible for the I-601A waiver).
I recommend that anyone in this situation should consult with an experienced immigration lawyer before applying for anything. If you would like to have a consultation appointment with me to discuss what options may be available to you, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* 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.
Hey there, I overstay my visa but I am presently on tps and married to a US citizen. My husband filed I 130 and we want to file for waiver before I leave the country. Will I be qualify or difficult to reenter the US
Deb, see my reply to Tom.
My baby (5 months old) is US citizen. My I94 expired and I applied for nunc pro tunc (My name was mis-spelled so I applied for correction at CBP – which is when the I94 date changed – I was pregnant at that time) which got approved and I received I797A which still does not capture the end of old I94 expiry date. So I am not sure if this would be considered as unlawful presence.
1. Is it safe for me to travel outside US and return?
2. For my 485 filing would there be an issue with my unlawful presence?
3. If there is a problem then can I show hardship on my baby?
1. Is it safe for you to travel outside the US?: Unfortunately you have not provided enough information for me to be able to answer your question. You should assume that you have been accruing Unlawful Presence until you have a full consultation with an experienced immigration lawyer who can review your documents and fully assess your situation. I recommend against traveling abroad without having such a consultation and full review.
2. Would Unlawful Presence be an issue when you file your I-485?: It depends on what the basis is that you are filing the I-485 and it also depends on whether you have traveled outside the US after accruing Unlawful Presence.
3. Can I show hardship on my baby?: No. A US citizen child is not a qualifying relative for the I-601 or I-601a waivers that waive a 3 or 10 year inadmissibility based upon Unlawful Presence.
Bottom line is that you need to have a consultation with an experienced immigration lawyer to truly determine what options are available to you. If you would like to have a consultation appointment with me to discuss what options may be available to you, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* 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.
Hi! My question is for my mom, her i601a was approved but someone told me that when she goes to her appointment at the consulate they would void it because she enter illegally with me and my sister. i’m now a USC and my sister has a working permit, is that true that they are going to ask her to do a new waiver, her husband is a USC. Thanks
Unfortunately, this is possible. This is because the I-601a provisional waiver can only waive the 3 or 10 year bar for unlawful presence under INA 212(a)(9)(B). If the foreign national is subject to any other grounds of inadmissibility, the I-601a provisional waiver cannot be used, and the person must instead apply for the I-601 waiver abroad, along with any other additional waiver required for the other ground(s) of inadmissibility (assuming there is a potential waiver for that ground of inadmissibility). If the consulate determines that someone has a second ground of inadmissibility for “smuggling” someone else into the US illegally (including the person’s own children) then they will revoke the I-601a waiver approval and will require the person to file an I-601 waiver application for both grounds of inadmissibility.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a lawyer specializing in immigration law with the Memphis office of 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.
Do you know when the final rule on the expansion of the I601-A for unmarried children of US citizens over 21 will be finalized?
I am a u.s. citizen and recently applied for my husband and his 1 130 was approved not we applied for the 1601a. He was caught crossing the border and he says they took his fingerprints and picture but does’t remember much he was 17 years old at the time. Is he at risk of being deported?
I don’t know enough about your exact situation to be able to assess your husband’s likelihood of being deported. But I can warn you that your husband might not be eligible for the I-601a provisional waiver if he was previously caught at the border. It is not possible to say for sure without more information about his history and probably requesting a copy of his file from US Customs and Border Protection to see how he was processed when he was caught. Be warned that it is not uncommon for USCIS to wrongly approve an I-601a provisional waiver in situations where the person is subject to other grounds of inadmissibility other than the Unlawful Presence bar. When that happens, and the consulate realizes there is another ground of inadmissibility, the consulate will revoke the I-601a approval and make the person reapply for an I-601a waiver for the Unlawful Presence bar as well as requiring a waiver for the other bar(s). In some situations a waiver is not available for the other bars, and so the foreign national finds themselves stuck outside the US. So it is very important that foreign nationals at least have a consultation with an experienced immigration lawyer prior to leaving the US, even if they have (or will be) filed the I-601a waiver themselves.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a lawyer specializing in immigration law with the Memphis office of 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.
I have a greater American citizen 21 year old son and I have the I-130 approved. I wonder if I can apply for the I-601a?
A US citizen child is not a qualifying relative for an I-601a provisional waiver. To be eligible for a waiver of the unlawful presence bar under INA 212(a)(9)(B), the applicant must be able to show that failure to grant the waiver would result in extreme hardship to a US citizen or US Permanent Resident Spouse or Parent. Showing extreme hardship to a US Citizens or US Permanent Resident child, son or daughter, does not qualify.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* 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.
I have the I-130 approved of my son who is a US citizen. I entered illegally in this country, I can apply for the I-601-a?
A US citizen child is not a qualifying relative for an I-601a provisional waiver. To be eligible for a waiver of the unlawful presence bar under INA 212(a)(9)(B), the applicant must be able to show that failure to grant the waiver would result in extreme hardship to a US citizen or US Permanent Resident Spouse or Parent. Showing extreme hardship to a US Citizens or US Permanent Resident child, son or daughter, does not qualify.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* 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.
I have a question I married my husband on 2014 and he been deported. 2. Times. 2006. And he’s been approved I -130. Can. He qualify for. Visa or redient thank u
Your husband would need a full consultation with an experienced immigration lawyer in order for your question to be answered. It is possible that he is permanently barred from most immigration benefits under INA Section 212(a)(9)(C), but I couldn’t say for certain without a full consultation and reviewing all relevant documents.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.htmlhttp://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.
Hello I have a question am married and my husband he’s been here since 2000 and went back and came back in 2008 and imigration caught it on the dessert but I apply for his i30 and got approved now I ask for his foia and the record came back only when he was 15 trying to enter as a minor can I file the 601a or his gonna get denied ty for your time
I can’t say for sure, just from what you have written, and therefore would need to have a consultation appointment with you before I could say for certain, but it sounds like your husband might be subject to the “permanent bar” under INA Section 212(a)(9)(C). You should definitely consult with me or another experienced immigration lawyer before moving forward with his case.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://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.
Hi Ari. My name is Mirelys. My husband and I have consulted a lawyer and filled the I130 and the 601 waiver. Everything was approved. My husband went to El Salvador to his consulate interview and was denied. Due to criminal history. My question is why? Since we filled out the waiver. They are asking for another waiver to be filled. Why? How long will that take? And should I have hope that my lawyer did everything right?
It sounds like you applied for an I-601a Provisional Waiver, in the US (as apposed to applying for a regular I-601 Waiver application at the consular post abroad.) The I-601a Provisional Waiver can only be granted for a waiver of a ground of inadmissibility under INA Section 212(a)(9)(B) for the 3 or 10 year bar for accruing 180 days or one year of “Unlawful Presence” in the US (not to be confused with the “permanent bar” under INA Section 212(a)(9)(C).) If the foreign national is subject to any other ground of inadmissibility, USCIS should not approve the Form I-601a Provisional Waiver. Even if USCIS does make a mistake and approve the I-601a Provisional Waiver (or approve it because the foreign national failed to disclose other grounds of inadmissibility), if the consular officer discovers that the foreign national is subject to other grounds of inadmissibility, then the consular officer will revoke the I-601a Provisional Waiver and require the foreign national to apply for an I-601 Waiver for the 212(a)(9)(B) ground of inadmissibility, as well as requiring them to apply for a waiver of the other ground(s) of inadmissibility, if a waiver is available. Where the second ground of inadmissibility is based upon a criminal conviction, the waivers for both grounds of inadmissibility can be filed using one I-601 Waiver application for both grounds of inadmissibility. There is no set time for the adjudication of the I-601 Waiver applications, but it is not unusual for USCIS to take 6 months to a year to adjudicate the I-601 Waiver (adjudication times vary).
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://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.
My Name is Christal Herrera, I have a few questions I am a US citizen and I have 3 US citizen daughters with Javier which is my husband. He is illegal, one day we got into a huge argument I called the police and he went to jail for a week. I did not press any charges because I know that at the moment I was really upset. From that Ice found him and wanted to deport him. After we worked things out that was more of a wake up call for us so we married, and later had another daughter.
I petitioned him back on 2013. His I130 was approved when he was 20 he got caught working with false documents which we than went back to close the case that was still opened in order to keep proceeding with the Immigration case. So the fraud case was close and the Immigration case was Administratively closed. I now submitted a I-601A and my lawyer is telling me that he has to go to Mexico to an interview in Ciudad Juarez I am scared because I know that many people have gotten denied at the interview. He has lived in the US for 8 years we are married and have 3 daughters I am really scared and worried. Please give me an advice.
When I look in google for other cases like his most of them get denied since the fraud is Moral Turpitude.
Please email me back when you get a chance.
God Bless You!
Christal:
First of all, your husband would not be required to leave the US until after his I-601A provisional waiver is approved, his case with the Immigration Court has been terminated, and he has been scheduled for an interview with the consular office abroad. USCIS should not approve the I-601A provisional waiver application if he is subject to a bar of inadmissibility based on the fraud. However, if they are not aware of the fraud, then they could mistakenly approve the provisional waiver and the bar of inadmissibility could be caught at the visa interview, whereby the consulate would require your husband to file a new waiver application for both the unlawful presence bar and the bar for inadmissibility. However, using fraudulent documents for employment, does not always result in the person having a bar of inadmissibility for fraud. So it may be that he does not have an additional bar for fraud. You should specifically discuss this issue with your lawyer. If you are not satisfied with your lawyer’s answer, then I encourage you to consult with another experienced immigration lawyer and get a second opinion.
If you would like to hire me to do a consultation appointment with you to give you a second opinion, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.htmlhttp://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.
I had my I-130 approved, my waiver I601a was approved also, before I filed for the waiver my case was terminated in court by immigration judge because of my approved I-130. now my case is on NVC just waiting to get the date of the interview already, AOS paid and submitted, IV paid and DS260 submitted and accepted by them aswell.
I have a question:
Can I leave the US before get my visa interview ? do I need any documents from NVC to travel?
if I can travel now without a problem, it will be a problem if I go to Europe before my visa interview?
Javi:
I cannot advise you on whether it would be a good idea for you to travel abroad, because I do not know the specifics of your situation. However, where someone has an approved I-601A, and their Immigration Court case has been Terminated (make sure it was Terminated and not that it was Administratively Closed), and they are not subject to any other bars of inadmissibility other than the Unlawful Presence bar, then if they decide to leave the US before their immigrant visa interview is scheduled abroad that should not have any negative effect on their eligibility for the visa. Also, I do not see why brief travel to another country prior to going to their home country for the visa interview would negatively effect their eligibility for the visa. However I would warn against extended residence in another country for fear that it could potentially effect eligibility for the I-601 waiver, as it could potentially be seen by the consular officers as a change in circumstances that would affect whether the qualifying US citizen would suffer extreme hardship. Also, you should be aware that the NVC can take some time to determine that all required documentation has been submitted and for them to schedule an interview. So if you leave before an interview is scheduled you should plan accordingly.
If you would like to hire me to do a consultation appointment with you to see what options might be available, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.htmlhttp://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.
i have the 1-601A approved, but l entered with someone else passport, my interview is in 2 months, which are the chances that i can get my green card. are they going to give me the visa or are they going to dinied it and asking to fill the l-601 and how long will it take? thank
You absolutely must speak with an experienced immigration lawyer. Or if you are currently using a lawyer, then you need another one. Using someone else’s passport to enter the US creates a separate ground of inadmissibility which cannot be waived with the I-601A. USCIS would not/ should not have approved the I-601A if they knew that you had entered the US using someone else’s passport.
If you would like to hire me to do a consultation appointment with you to get a second opinion on your situation, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* 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.
Hi my mom got denied her visa they said she lied and she dose not have a husband or parent only me an my two sisters is there any other way or what can we do if she only has American daughters she lives in Reyosa and it’s very dangerous there
Unfortunately I do not know enough about your situation to even try to answer your question. You need to have a consultation appointment with an experienced immigration lawyer.
If you would like to hire me to do a consultation appointment with you to see what options might be available, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* 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.
My mom a citizen filed for me when I was 21 in September of 2008 and the visa bulletin is in 2007 of September I have been in the US over 10 years and was wondering if I had to do the provisional unlawful presence waiver or is there something else I can do. I also am a recipient of the DACA.
Thank you
Nickey:
Currently, the I-601A Provisional Waiver is only available for those that qualify as immediate relatives. A petition from your mom which was filed after you had already turned 21 would not qualify you as an immediate relative. I would suggest that you have a consultation with an experienced immigration lawyer who can find out all about your situation and tell you what options might be available for you.
If you would like to hire me to do a consultation appointment with you to see what options might be available, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* 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.
Hi Ari
I have a visa turist 6 months , but my little boy born in UK and was given the waiver visa for 3 months and it’s about to expire in this week but my boy it’s currently under Dentist treatment that will take about a month from now and wondering if I can ask for extend waiver visa for him to allow carry on with his treatment? If not… it could be denied my boy (3 years old) further in couple years a new waiver visa aplication?
In advance, thank you very much for you response.
Miriam:
Unfortunately the someone who enters the US on the Visa Waiver Program (which is not the same type of “waiver” as discussed in this article), which is also referred to as the ESTA program, is not able to extend their status in the US or to change to another status (there are very limited exceptions to this rule). For this reason, in a situation like this, where the person will need to stay in the US more than 3 months, they should obtain a visitor visa (B-1 or B-2) and come to the US on that, rather than the Visa Waiver Program. Someone who needs additional time in the US can try leaving the US (but not to Canada, Mexico or an adjacent island) and reapplying for reentry to the US for another 3 months. Someone who overstays the 3 months on the Visa Waiver Program he will no longer be eligible to enter the US on the Visa Waiver Program in the future. They would need to apply for a visitor visa in order to be able to come to the US as a visitor in the future.
Hi Ari,
I live in Dallas, Tx, uscis decision was denying our I601A for the first time applied, both had 1 dwi , I guess my lawyer missed some other points of extreme hardship as child support, his parents are old, my husband taking care them. Well, now I need to present a new form of I601A as uscis decision said. Now We are worry, we need go back with with the same lawyer, already paid lawyer fees. Questions.: 1. Need to pay the lawyer fees again? 2. Can be denied again definitely? 3. Apply with the same lawyer? 4. We need to wait for more time to apply again and for how long? 5. The visa can be denied when go back to Honduras for the few weeks if the I601A be approved?
Just we got married in Nov 16 2013, no kids, he is 50, me 40; my husband has good benefits.
Thanks,
Daisy:
Unfortunately the I-601A Provisional Waiver only grants a waiver of the INA 212(a)(9)(B) ground of inadmissibility for having been in the US unlawfully and accruing 6 months or a year of Unlawful Presence before leaving the US. It is not available to anyone who has any other reason why they might be ineligible for a visa. A separate possible ground of inadmissibility is being an alcoholic. Also, some (but not all) criminal convictions can create a separate ground of inadmissibility. It sounds like USCIS may have denied the I-601A because of the DWI and the possibility that this would make him inadmissible under one of these other grounds. Of course I couldn’t say for sure without seeing the Denial myself. Depending on why the I-601A was denied, it may be that waiting long enough would resolve the issue.
As to the questions: 1) Whether you need to pay the lawyer fees again is up to the agreement in the Retainer Agreement you signed with your lawyer. But you probably would need to pay your attorney new fees to refile the I-601A. 2) Yes, depending on why the I-601A was denied, a new I-601A could be denied for the same reason, if the reason for the denial still exists. 3) I cannot tell you whether you should continue to use the same lawyer. I don’t know enough about your situation. You always have the option to do a consultation with another attorney and get a second opinion. 4) I do not know enough about your situation to tell you whether you need to wait before refilling, or even if waiting will help.
If you would like to hire me to do a consultation appointment with you to get a second opinion on your situation, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* 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.
Hello , I married last September, entered USA 02/15 and decided to stay as my wife is pregnant. Should i still wait 60days before applying for AOS as i need to start working?
This is a decision that must be made on a case by case basis. Someone in this situation should consult with an experienced immigration attorney before marrying.
* 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.
Thank for all your detailed responses, well informed. My situation is that my I-485 (lpr) was approved in 2011 while in USA, though I also applied for I-601 which was also approved. My question is can I traveled out of the country without being detained or deported?
Probably. Although I can’t say for sure without knowing all about the details of your history. If you would like to schedule a consultation appointment with me, I could give you a better answer.
The problem is that they say you can’t apply for the hardship if you don’t have a kid but what happens if you can’t have kids? It’s not like you’re going to be able to adopt a kid if your wife has an illegal status ! Without a kid the laws are not made for you, no matter how productive you are or what your record is
That is not true, that you cannot apply for an I-601 or I-601A hardship waiver if you do not have a kid. You cannot apply for a hardship waiver if you do not have a US citizen or Permanent Resident PARENT or SPOUSE (for the I-601A a US citizen parent or spouse is required). There is no requirement that the person have children in order to apply for a hardship waiver.
* 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.