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

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.

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

  1. alma argenal
    April 16, 2013

    I have a question ive been married w my husband since 2002 since then he has had 4 deportations an 2 voluntary can.he.still get this or is is it possible to fix his papers and what steps should i take hes been told to stay out 20yrs does.he have to wait or can he enter usa? Are there special visas for.people from honduras? We.have 3.children and things are very difficult for.me since he was the one bringing in most of.the money. Thank you

    • Alma:

      It may be that at this point his status cannot be fixed. He will need to have a consultation with an experienced immigration lawyer who can go over his entire history to see what had happened in order to see if there are any options available to him.

      * 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.

  2. Miguel
    April 16, 2013

    Hello, i married my wife about a year ago im planning to fill i130. When she came to the US she was 13 and has been here ever since. Her mom gave guardianship to an aunt because she was invilved with drug traficing and was in jail. My wife has not had any problems here in the US. If her life might be in threat by going back to her moms could that be consired under the 601a? If not any ideas will help thanks. And its such a blessing for this type of help you offer thank you.

    • A USCIS officer could certainly consider any threat to the alien’s life when determining hardship to the US citizen spouse or parent. The threat to the alien’s life definitely creates more of a hardship on the spouse. That alone is probably not enough to have an I-601a approved, but as part of a larger showing of hardship it would be considered as a factor.

      I try and convince people that they should be hiring experienced immigration lawyers to put together their I-601a and I-601 waivers because it is a lot more complicated than people think. If you would like to talk to me about your waiver or about me preparing the waiver for you, 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.

  3. Anonymous
    April 12, 2013

    I left the U.S in May of 2012 after being there for 21 years, i entered the U.S when I was a child at age 14 in 1991. I was given a notice to appar after serving 6 months at a state correctional facility for a DUI and Possesion of a controlled substance.( very small amount 1st time ever). I been married to a U.S citizen for 10 years now, we have two kids together. My father is 67 years of age and he is a U.S Citizen. My wife put a pettion for me back in 2002, back then I was approved and they gave me a visa number, however due to the DUI i got in 2006 i didnt continue with the proccess and the pettition was canceled. My wife put a new petition in June of 2012 a month after I left the U.S on voluntary departure. in December 2012 we got a letter asking for more evidence, We sent, tax papers, my birth certificate, birth certificate of my kids, passaport pictures of me, a copy of my ID from Mexico. Now we are watting on a decision from INS to see if they approved the pettition. My question under the current Immigration reform will I be able to come back to my family legaly? Will a new Immigration reform help my situation to come back to my family in the U.S. Thanks

    • The proposed Senate bill might help you, but maybe not. We are still figuring out how all the sections of the proposed bill are going to play out with each other. The bill is supposed to make it easier to get many waivers of inadmissibility. However the bill takes some harsh positions against those with certain criminal convictions, including DUIs.

      * 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.

  4. Keyla
    April 9, 2013

    My husband is on removal proceedings since 2008. He has never been to court because each time the court changes the court date. Our next court should be on Oct 2013. We have nothing to do with those changes. Last year I petitioned my husband (I-130 Consular Proceeding) and this January 2013 it was approved. I am a US citizen and we are legally married. Due to the removal proceedings my husband’s case was not transferred to the NVC instead it was sent to the “Judge”. Our lawyer plans to do a “administrative close” based on I 130 approval. My question is how does the administrative closure works and how long does it takes. Some extra information, my husband came undocumented and we are doing the consular proceeding in El Salvador. He is currently in the US.

    • Having an Immigration Court proceedings case Administratively Closed means that the case is temporarily put on hold to await something else like a decision by USCIS on a petition. I am going to assume that your attorney wants to have your case administratively closed so that you can apply for an I-601a, provisional waiver. If the provisional waiver is approved by USCIS, then you would go back to the court and ask the Court to Terminate the case, which means to permanently close the case. Then your husband could apply for an immigrant visa and apply for a visa in his home country.

      Of course I am just guessing based on the information you provided. If you don’t understand what your attorney is doing on your behalf, you really should be asking them to explain it better to you. If your attorney will not explain better what he is doing for you, or you just don’t trust your attorney fully. Then you should find an attorney you do trust and one who will take the time to make sure you understand what is happening with your case.

      * 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.

      • Keyla
        April 26, 2013

        Thank You for your answer. Two days ago I received a copy of the motion that my lawyer send to the Court (the Judge that is supposed to see us in October). You are right, as per the motion the idea is to do an administrative closure to apply for the I 601A waiver and move forward with the approved I 130.

  5. Muhammed
    April 9, 2013

    Hi sir my name is Muhammed i was in new york and was studying in high school on visit visa i got over stay and cancel my visit and deported me in 2003 now i am out side of USA for 10 years 212-(a)(6)(c)(i) d 7(a)(i)(i), I-275 execuated they wrote me on my passport is any way to come back to USA my brother is USA citizen and can he apply for waiver or any thing ?how can i come back ?
    please reply thank you

    • Muhammed:

      Someone who had been found inadmissible under Section 212(a)(6)(c)(i) has bar of inadmissibility for making a misrepresentation while applying for an immigration benefit. But someone who had a Form I-275 executed was allowed to withdraw their application for admission and was not deported. I really can’t tell from the information you provided what happened in your situation. If you would like me to advise you on your options, if any, you should schedule a consultation appointment with me by calling 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.

  6. Lory
    April 5, 2013

    Hello Mr. Sauer,
    My husband came to the US in 2/93 when he was 14 he turned 15 the same year 6/93. He entered the country illegally without inspection. Never went back. To this day he is still here in the US. Never been removed or deported. In 2006 he was wrongfully accused of fraudulent use of personal identification information. He was found not guilty case was administratively dismissed, case closed. Also in 2006 he got caught with DWLS, put on probation. 2007 VOP for second DWLS, did time serve in jail, case closed. Never again been in trouble with the law. We married on 1/2012. I’m a US citizen. I Appiled for the I 130 and its approved & sent to the NVC. Can he apply for the I 601a. Please help, whats next for us.
    Thank you & God Bless!!!

    • Lory

      Anyone with a criminal history should definitely have a consultation with an immigration lawyer and have the lawyer review the documents from the criminal case before leaving the US to apply for a visa at the US consulate abroad, even if they already have been approved for the I-601 Provisional Waiver.

      Call 901-507-4270 if you would like to schedule a consultation appointment with me to review your husband’s situation.

      Ari

  7. Michelle
    April 3, 2013

    Hello! Pls. help me.. I used to be a crewman..i jumpshipped 10years ago. I got married last year and had a son.. My husband went to see an immigration officer lastweek to seek help on filing this Provisional Waiver for me, but unfortunately the officer told him that we are not qualified for this amnesty because of my entry which is D1visa, i left all my coduments onboard and all i got was a permit landing I-95A-C. and has a stamped of D1 visa. But instead the officer told my usband that we can try filing the I-1601 but very risky. I am confused with this Provisional Waiver. Are the officer right? or with your proffession do you think that i might have a chance to clear my status without self deportation or turning myself in. Thankyou very much and more power.

    • Michelle:

      I can’t comment on your particular situation without first having a consultation appointment with you and getting a lot more information about you and your husband. But I do not see any reason why someone who entered with a D-1 visa would not be eligible to apply for the I-601A Provisional Waiver because they entered on a D-1 visa.

      Call 901-507-4270 to schedule a consultation appointment with me if you would like to discuss your options.

      Ari

  8. Anonymous
    March 28, 2013

    Dear Ari,

    I’m K1 visa, been in U.S for 8 years. But didn’t married the person who applied me here. Now I married with another person. So, my husband can help me fill the I-160 application?

    • It is possible for someone who entered on a K-1, but did not marry their fiance, to be eligible to apply for the I-601A provisional waiver based upon a showing of extreme hardship to a different US citizen spouse. But I would need to know more about your particular situation before I could tell you whether your husband can file an I-601A for you. You can call 901-507-4270 to schedule a consultation appointment if you would like me to review your case and tell you whether you may be eligible to apply for the I-601A provisional waiver application.

  9. Jessica
    March 27, 2013

    Hello, Our case has been such a headache and heartache! We have lost so much money on worthless lawyers who have done nada for us. Now My husbands case now is administravely closed. We had the approved I-130 however the first lawyer we had has misplaced it and the national visa center has no record of it.. He has a work permit and a DL how ever now he does not have to report to ICE, but we have no clue how to get ahold of our approved I-130. USCIS has record of it being approved, it was sent out back in March of 2010 but I can not get a copy of it. With that being said I know my husband may qualify to ask for a waiver while still being in the US but in order to start that whole process we need the copy of the I-130… HELP please this has put on so much weight on my shoulders I just dont want our family to go through a heartache especially because our 3 daughters are so attached to him.

    • Jessica,

      It is hard to say what the solution to your situation is without being able to go through your documents and talk to the government on your behalf. If you would like me to review your case you can schedule a consultation appointment by calling 901-507-4270. I understand that you have had other attorneys that you said did nothing for you. However it sounds like there has been quite a lot done so far (maybe not by your attorneys, though) as you say your husband’s immigration court case has been administratively closed, that you have an approved I-130 and your husband has a work permit. So I would need to figure out exactly where your husband is before I could say what his next step should be.

  10. Susy
    March 26, 2013

    Hi, my name is Susy and I am from Indonesia. I have daughter who was born in 2001 in California USA. I enter the USA with tourist visa in 1999. The father of my child is Mexican but I was separated on 2002. And I don’t know where he is. I went back to my country with my child on 2003. But when 2004 I want go back to USA I got deported.
    My child is 12 years old right now and she want to go back to her country USA, but it is impossible if she go back by her self in USA, because I have no relative in USA. Can she sponsor I while I in Indonesia? Or what should I do? Thank You.

  11. Harry
    March 25, 2013

    I am three years into my permanent residency. My mother has had to overstay her visa and stay with me due to medical issues. She needs my support. Would the 601a ruling be helpful?

    • Harry,

      An I-601 or I-601A waiver is not available to parents of US citizens and parents of Permanent Residents. To qualify for the I-601 waiver, the foreign national must be able to show extreme hardship to their spouse or parent who s a US citizen or Permanent Resident. To qualify for the I-601A provisional waiver under the current rules, the foreign national must be able to show extreme hardship to their spouse or parent who is a US citizen. You cannot qualify by showing extreme hardship to a US citizen or permanent resident child.

  12. miona
    March 25, 2013

    Please help us!!!
    I was in the U.S.(Tourist Visa), married and We have a son,-we got married legally
    Tourist Visa expired after 6 months
    My husband at that time it not was a citizen of USA…we lived together 7 years …. after 7 years i go back to my country … Now he is USA citizen … last summer I tried to apply for Tourist Visa and i was denied…Section 212(a)(9)(B)(i)(ii) … how to be together again… plz tell me steps …which forms my husband has to fill… i know for I -130 what is going with that form … and what form i need to fill …
    thanks in advance… We are very confused we all suffer,it is very difficult to live separately…THANKS IN ADVANCE

    • Someone who is outside the US and subject to the 212(a)(9)(B) bar must either remain outside the US for at least 3 year or 10 years, depending on the length of their bar, or they must be granted an I-601 waiver based upon a showing of extreme hardship to their US citizen or US permanent resident spouse or parent. Alternatively, if the foreign national is applying for a nonimmigrant visa then it is possible to receive a temporary 212(d)(3) waiver at the government’s discretion.

      You can call 901-507-4270 to schedule a consultation appointment with me to discuss filing an I-601 waiver for you.

  13. Jessica
    March 22, 2013

    My husband is illegal, been here for ten years we’re married and have two young children together. I’m a natural born US citizen. Problem: He has an issue (moral turpitude) we had a fight…years ago before our 1st child was born, before we were even married. We’ve been married 8 years. We asked the court to esponge the case but they refused. We’re married and in love, we never had another fight to that level again. I know my husband loves me and he is a great father. Is there any chance USCIS can over look this incident since it was me that was involved but we’re since married? Please answer, I know we have a lawyer already but I want second options because we might just decide and wait for reform. We don’t want him banned for ten years. I rather just stay undocumented this is sad I know…but this is our life…our children’s lives. I think they are making this waiver so strict and they should focus on what the US citizen wants…if I want to be with my husband I have the right to be with him in my country of birth!

    • Someone who has a domestic violence conviction should not apply for the I-601A provisional waiver. Someone who has any criminal arrests needs to consult with an immigration attorney before filing for the provisional waiver. Having a criminal charge or conviction expunged does not help when it comes to immigration. Expunged charges and convictions still exist for immigration purposes.

  14. akismet-267f35c8497af3ef5765500b4e27c49c
    March 21, 2013

    Ari,

    My mother was approved for a I-130. She entered the US unlawfully in the late 80′s and spent eight to ten years in the US before leaving voluntarily. She had a TPS at the time. I received a notification from the USCIS saying we might qualify for a I-601A, but as I said, my mother left the US almost 20 years ago and hasn’t been back since. Is this some confusion by the USCIS, or what should I do? Thank you for doing this.

  15. ola
    March 21, 2013

    I am a U.S citizen married to my wife who is expecting our first child. She came here when she was young but with her cousin’s passport and visa, in this case can I file the I 601A for her. Also is it possible to fight the case here without her leaving the country since it is not guaranteed for her to get approved of Visa when she goes for her Visa interview in her country.

    • Ola,
      The I-601A provisional waiver is only for someone who is inadmissible because of the 3 or 10 year temporary Unlawful Presence bar under 212(a)(9)(B). Someone who used someone elses documents to enter the US would also be barred under 212(a)(6)(C). So that person would not be eligible to file an I-601A waiver under the current rules of the program. They could still apply for an I-601 waiver to waive both bars (assuming there are no other grounds that they are barred under) but they would have to wait outside the US while the I-601 application was being adjudicated and would be stuck outside the US if it were denied.

      I recommend that anyone who is out of status came to the US before their 16th birthday have a consultation with an attorney to see if theu are eligible for the DACA deferred action program.

      Call 901-507-4270 to schedule an appointment with me to discuss eligibility for the DACA deferred action or the the I-601 or I-601A waivers.

      Ari Sauer

  16. Angelo
    March 17, 2013

    Hello, my parents were deported from th usa in 2009 and at that time i was 15 years old. Since i was u der the age of 18 shouldn’t i be able to aplay for a certent kind of deportation waivor?
    My parents got 10 year ban from us.

    • Angelo, under certain circumstances people with US citizen children can avoid being deported because of the hardship such deportation would cause the children. But this does not apply after the person has been dwported.

      There is a waiver for the bar resulting from being deported. Most people who are deported have other bars that must be waived as well. There is no automatic waiver for this situation. The waivers are based on levels of hardship and humanitarian need. But the person also needs a basis to apply for an immigrant visa as well as a basis to ask for a waiver. A US citizen cannot petition for a parent until they are 21 years old.

      If you would like me to review your parents’ cases to see if there is a basis to apply to bring them back you can call 901-507-4270 to schedule a consultation appointment with me.

  17. enny
    March 16, 2013

    HI ARI ,I AM A USA CITIZEN MARRIED TO MY WONDERFUL HUSBAND FOR 13 YEARS,HE WAS DENIED RESIDENCY TWICE ,WE JUST FOUND OUT HE WAS DEPORTED 6 YEAR AGO,HE WANTS TO GO BACK TO HIS COUNTRY BECOUSE HIS HEALTH IS GETTING BAD HE IS 53 YEARS OLD,CAN HE TAKE A PLANE TO GO BACK WITH NO PROBLEM?THAMKS FOR YOUR ADVICE.

    • Enny,

      The deportation order should not cause him trouble when returning to his home country, but he will be barred from returning under the order.

      If he is not certain that he wants to leave the US, I recommend having an attorney review the denials and and see if there is a basis to request that the deportation order be reopened. Call 901-507-4270 if you would like me to take a look at his case for you and see if there is the possibility of salvaging his case.

      Ari Sauer
      901-507-4270

  18. kaira
    March 15, 2013

    I just received an approved i-130 for my husband who was brought here illegally when he was a child but the letter also states that he is not eligible for status adjustment and says they have sent the approved petition to the NVC. Is he still eligible for the I-601a. I dont work and I am a full time student with two girls and we currently live with my parents , he however works. All the letter says is 201(b) INA.

    • Kaira, the first step to be able to file the I-601a is to have the I-130 approved and sent to the NVC. The 201(b) on the approval notice just shows that the I-130 is for an Immediate Relative of a US Citizen.

      You can call 901-5-7-4270 if you would like me to review your husband’s case to see if he is eligible to apply for the I-601a waiver and to see if there might be other options available to legalize his status.

  19. Yuri
    March 14, 2013

    My husband entered the country illegally the first time and stayed for 3 months and then left the country to mexico on an airplane. He reentered the country a year later and stayed for good. Im a U.S Citizen with two little girls. I want to petition him but I’m scared that the permanent bar will apply to him. How can we prove to immigration that he was here the first time less than a year? Is their any hope for us?

    Than you

    • Yuri,

      If your husband’s passport was stamped when he went home then that would show when he left. If he has documents from Mexico from before the time he entered the US then that would show that he did not enter the US earlier than he said. But my experience has been that in a situation like yours they are not asking for much, if any, proof that the person stayed less than a year. This does not mean that someone can just lie as to when they entered, because they do a background check and that includes some review of a person’s records (they don’t let us know exactly what they have access to). So if the person’s records conflict with the timeline that the person has given them, that could lead to a determination that the person is committing fraud.

      So if you husband only was in the US for 3 months before entering the US without inspection, and he was not previously deported or removed, then he would not be subject to the permanent bar. You can call 901-507-4270 to schedule a consultation appointment with me to discuss possible options to legalize his status.

  20. Maria
    March 13, 2013

    My question is if my husband signed a voluntary leave in 2003 and reentered without inspection again after that, does he qualify for the I-601 waiver? We already have an approved I-130 by uscis.

    • It depends on what he signed. The “voluntary leave” he signed could be one of a few things, but there is a good chance that what he signed had the legal affect of deporting him. If so, he is subject to a permanent bar. You need to have an attorney review his documents to determin if he is subject to a bar that would make him ineligible for the I601a provisional waiver. If you do not have copies of his paperwork, you or an attorney will need to ibtain his records from the government. Call 901-507-4270 to schedule a consultation appointment with me.

      • Maria
        March 14, 2013

        How can I obtain his records from the government? They never issued him any copies of what he signed. That is why I wanted to know how can I obtain them? I thought that for deportation you always need to see a judge. Is that right?

        • You can be deported without seeing a judge, Often times the “voluntary leave” that immigrants sign so that ICE will release them is an actually a voluntary deportation. The person is agreeing to be deported and leave the country and waives their right to go before a judge in return for being released from jail.

          To get a copy of his record, you need to file a Freedom of Information Act Request with ICE. It may be helpful depending on the situation to send a FOIA request to some of the other relevant government agencies as well. It might be helpful to request an FBI file search as well.

          Call 901-507-4270 to schedule an appointment with me if you would like me to request your husband’s government files for you.

          • Maria
            March 14, 2013

            Thank You very much for your help. How much do you charge to get the FOIA record? We already got my husband’s FBI record and it was clean. No record was found with my husband’s fingerprints. I received a letter from FBI stating that. Does the FBI have the immigration record too?

            • I charge $600 to request government files for clients. The FBI record sometimes does include immigration documents, but not always. That is why it is best to get both the FBI record and the record from the relevant government agency. The reason why you still request the FBI file is because the FOIA request for the government agency is only searched for by the name of the person, and it is not uncommon for the order to be filed under a false name or an alternative spelling.

              You can call 901-507-4270 if you would like to hire me to represent you.

  21. jenny
    March 13, 2013

    my question is i am a us citizen and applied for my husband 5 years ago he was approved foe everything and scheduled a appointment in cd juarez but did not go does the case close ? or can he jus pick up where we left off ?

    • The case was probably terminated, but you should have received a notice letting you know when the case was terminated. If you didn’t then it is still possible that the DOS did not get around to closing the case and it is still open. If so, then you would need to get the case terminated before you refile the I130 if you are planning on applying for the I601a provisional waiver. If you did not receive notice that the case was closed then you or your attorney will need to contact the DOS to find out if the case needs to be clised or not. Call 901-507-4270 to schedule a consultation appointment with me to discuss your husband’s eligibility for the waiver.

  22. Heirika Carreno
    March 13, 2013

    My husband was email his interview on March 7,2013 for April 29th can we still apply for a I601a? I called the number that was provided by uscis but the operator just read to me what that website said and when I asked if we could still apply she said yes but didn’t sound like she was sure!

    • The fact that the interview was scheduled now should not make him ineligible to apply for the I601a since he was scheduled after January 3rd. You or your attorney will need to notify the DOS that you are planning to apply for the I601a provisional waiver so that they can put your case on hold. Call 901-507-4270 to schedule a consultation appointment with me to discuss his eligility for the I601a provisional waiver.

      • Heirika Carreno
        March 14, 2013

        Thank you

  23. ester
    March 13, 2013

    My husband and I have been married for two years. We have only filed the I-130 at this moment.Still no response. I have been to a couple of attorneys, they charge the consultation and they state they would research topic and never hear from them again. So, we have the I-130. Short story, he entered illegally in 1992, had a deportation order but never left the US and then when the TPS came out in late 1990’s, he applied for that. He was approved for TPS and that is still his status to this date. Fifteen years ago he was married to someone else, he at that time also had a I-130 with that wife, and even applied for permanent residenty. the papers states he was denied because he did not meet income guidelines. I was reading about if you have had the I-130 approved before 1996, he could request adjustment of status but the problem is I am not the same wife he had 15 years ago. So after much thouht, we decided to just file for a new I-130. We do not have an answer yet. I still cannot figure out whether he has to apply for the 601 waiver or if we should file for 485 permanent residency.

    • Ester, if your husband has a deportation order then he is not eligible to apply for the I-601a provisional waiver without first getting the order reopened. But if he can get the order reopened then it sounds like he may be able to apply for the I-485 without the waiver. You cannot file the I-485 with USCIS with the deportation order either. You are going to need an attorney in order to have any chance to fix your husband’s status. Even then, there is no guarantee. So far you have had no luck finding an attorney you can trust.

      If you feel that you can trust me, which I hope you do since you are reading my blog and posting on it, you could schedule a consultation appointment with me to have me review your documents and tell you what options are available to you and what you would have to do to get there. But if your husband has a deportation order then you will need an experienced local immigration attorney to apply for you to get that reopened. Some Immigration Courts are more willing to reopen deportation orders than others. I can then help you find a reliable local attorney for you to work with. I charge $250 for the consultation fee and I would need to charge more if you do not already have a copy of your husband’s Immigration Court file, and possibly his immigration service file, since I would need to order those in order to be able to know his full immigration history.

      So if you feel you can trust me, then it is probably worth my fee to have a trustworthy immigration attorney review you husband’s case, tell you where he stands and help find a trustworthy local attorney to work to try and fix your husband’s status. If you would like to discuss this further you can call 901-507-4270 to schedule a consultation appointment with me.

  24. amelia
    March 10, 2013

    my husband had a appointment in cd juarez over 4 years ago but did not go can he still apply for the waiver?

  25. sandra
    March 10, 2013

    I am unmarried child over 21yrs . I have I130-approved.mymother is uscitzen.
    can I apply for the I601a wavier.I came to USA with out inspections.

    • Sandra, one must have an immediate relative petition filed on their behalf in order to apply for the I601a provisional waiver. If you were over 21 when your mother filed the I130 or your mother did not become a US citizen until after you turned 21 then your petition does not qualify you as an immediate relative.

      You can call 901-507-4270 to schedule a consultation appointment to talk about options that may be available to you.

      • sandra
        March 10, 2013

        I was over 21yrs when my mother filed I130. also over 21yrs when my mother got uscitizen.I came to usa with out inspection.how would i adjust my status with out getting 10yrs bar.

  26. Syed Hossain
    March 7, 2013

    I have 10 years bar in USA because I lived in USA over my Visa. After reciving my Canadian citizenship, I applied for waiver got waiver (B1/B2), went to USA and came back fine. Now I got my job offer from USA company. I went to US boarder with TN job offer letter. They said I can not apply non-immigrant visa before 10 years. On my waiver also says “The applicant has been found to be ineligible to receive a nonimmigrant visa under section 212(a)(9)(B)(i)(11) of Act
    I do not have any criminal act under US law. I have 19 years son, born and living in USA and goes college there. He does not want to come to Canada. Our family is falling appart.

    I am willing to pay $15,000 for handling this case if you can get me a TN/TD waiver where I can apply for non-immigrant visa. Thank you, Syed

    shossain321@yahoo.com

    • Syed,

      While it sounds nice, I think that the board of professional responsibility might have a problem with me charging you $15,000 for a TN application and 212(d)(3) waiver application, as that seems a little excessive. lets start with a consultation appointment so that I can find out more information about your situation and then I will be able to quote you a reasonable fee to handle your case. My consultation fee is $250 for a one-hour consultation appointment with me where we can discuss this in more detail.

      Call 901-507-4270 to schedule a consultation appointment with me.

      • Syed hossain
        March 7, 2013

        I talked to several attorney, all of them said not possible to get non immigrant visa since I have ten years bar. I have some question about those attorneysexpertise about illegial presense matter. Just one example you see yesterday I paid $150 I gave youmy clear information. If you think it is possible to get non immigrant visa, let me know. then I can pay you $250

        • Syed,

          It is possible to receive a waiver of the 212(a)(9)(B) ground of inadmissibility barring someone for 10 years for an applicant for a nonimmigrant visa. The waiver is entirely discretionary, so there is no guarantee that it will be granted, but it is definitely possible. But if you have been found to be inadmissible under section 212(a)(9)(C), which is a permanent bar which requires the person to remain outside the US for at least 10 years before they can apply for a waiver, then you cannot get a waiver, even for a nonimmigrant visa, until you have been abroad for more than 10 years.

          However, you said in your original post that you were found inadmissible under 212(a)(9)(B).

          I can’t comment on what other attorneys told you. I can’t promise that I won’t tell you that the 212(d)(3) waiver is not an option for you after I have talked to you and found out more about the situation. I can only tell you that it is possible for the 212(a)(9)(B) indamissibility to be waived for nonimmigrant visas and give you the opportunity to schedule an appointment with me to discuss it further.

          • Syed hossain
            March 7, 2013

            Many thanks for your reply.    My purpose was  putting $15000 to motivate the attorney to dig into very depth in this matter.   Please let me know how much will be total cost for me and my wife if we persue the case through you.

            Thank you, Syed

            >________________________________ > From: Immigration Lawyer Ari Sauer – The Immigration Answer Man >To: shossain321@yahoo.com >Sent: Thursday, March 7, 2013 9:09:48 PM >Subject: [New comment] Explanation of the I-601A Provisional Waiver Rule > > WordPress.com >Immigration Lawyer Ari Sauer – The Immigration Answer Man commented: “Syed, It is possible to receive a waiver of the 212(a)(9)(B) ground of inadmissibility barring someone for 10 years for an applicant for a nonimmigrant visa. The waiver is entirely discretionary, so there is no guarantee that it will be granted, but it”

            • Syed,

              I don’t quote prices until after I have consulted with the person and know exactly what their particular situation requires. Posts on my blog are not the same thing as a detailed review of the person’s history and documents. Any immigration attorney worth their salt would give you the same answer. So lets just say that I am quoting you a fee of $15,000 but that I would probably be willing to go down on that quote after having a consultation with you. :)

              If you would like to discuss this further with me, you can schedule a consultation appointment with me by calling 901-507-4270.

              • Syed hossain
                March 7, 2013

                What is best time to call you for making appoinment  

                Thank you, Syed

                >________________________________ > From: Immigration Lawyer Ari Sauer – The Immigration Answer Man >To: shossain321@yahoo.com >Sent: Thursday, March 7, 2013 9:44:03 PM >Subject: [New comment] Explanation of the I-601A Provisional Waiver Rule > > WordPress.com >Immigration Lawyer Ari Sauer – The Immigration Answer Man commented: “Syed, I don’t quote prices until after I have consulted with the person and know exactly what their particular situation requires. Posts on my blog are not the same thing as a detailed review of the person’s history and documents. Any immigration attor”

  27. Help Needed
    March 7, 2013

    I just received denial letter with 212(a)(9)(c)(i). I have been in US since 1998. Can you please advice on “What should do to get permanent residency in US”

    • You can consult with an immigration lawyer to see if the officer made a wrong decision in deciding you were subject to the 212(a)(9)(C) bar. Sometimes they mistakenly say someone is subject to this bar when they are not. But if they correctly applied the bar to you, then the only thing you can do is leave the US for at least 10 years straight and then reapply. Other than that you are waiting for Congress to change the laws to remove the bar.

      You can call 901-507-4270 to schedule an appointment with you to review the government’s decision.

  28. Ashley
    March 7, 2013

    My husband has I-130 aproval and had his interview date for nov,2012 but did not go to the interview.we decided to wait to see if he would qualify for the I601a.we now know he does not qualify.our question is would it be good for us to continue the process or should we terminate the process and start again so he can qualify for the I601a waiver.

    • As a general rule if someone is eligible for the I-601a provisional waiver, that is preferable over the regular I-601 procedure. But I recommend that everyone at least consult with an immigration lawyer before filing the I-601a to see whether they are actually eligible to apply and whether they have any other ineligibilities that could come up at the consular interview and result in their I-601a approval being revoked.

      If you would like me to review your husband’s situation to see what options are available to him or you would like discuss this further, you can call 901-507-4270.

      * This is an advertisement. Attorney Ari Sauer is an immigration lawyer with the Memphis, Tennessee office of 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. 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. Standard consultation fees apply when scheduling a consultation appointment with Ari Sauer or another attorney at Siskind Susser.

  29. Samantha
    March 5, 2013

    Your input would be highly appreciated. i came here legally married to a USC. But unfortunately i am divorce now. When i came i was given a CGC, which was never renew after it expire. I now have an approved I-130 file by my citizen mother. Can i apply for a work permit???

    • Samantha,

      You should have a consultation with an immigration lawyer to determine your options. Without more information I cannot answer your question. However it may be that you have the option to apply to remove the condition from your green card and obtain a 10 year green card.

      Call 901-507-4270 to schedule a consultation appointment with me to discuss your options.

  30. Lilia
    March 5, 2013

    My husband already has the I-130 approval, my question is would he qualified if he was send back twice? he does not have deportation. First time he was return was trying to get in the US and the second time was stopped here in the US and was send back. He is currently living here in California. his been here for about 18 years.

    • Lilia:

      I don’t have enough information to answer your question for certain. There is a good chance that your husband is permanently barred under INA section 212(a)(9)(C). But i can’t say for sure from the information provided. You can read more information about the 212(a)(9)(C) permanent bar on my post at
      https://immigrationanswerman.com/2012/09/10/my-husband-was-denied-a-visa-and-told-he-has-to-stay-in-mexico-for-10-years-before-he-can-reapply-can-we-do-anything/
      If you would like me to review your husband’s situation to see if the permanent bar applies to him or you would like discuss this further, you can call 901-507-4270.

      * This is an advertisement. Attorney Ari Sauer is an immigration lawyer with the Memphis, Tennessee office of 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. 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. Standard consultation fees apply when scheduling a consultation appointment with Ari Sauer or another attorney at Siskind Susser.

  31. Anonymous
    March 1, 2013

    My husband has his visa interview in ciudad juarez in a month. If he were to not go, could he restart the process (i103) in a year, and I ( a us citizen) petition him again and then he could apply for the i601a waiver?

    • Someone who has a consular interview that was scheduled after January 3, 2013 can notify the NVC that they are planning on applying for the I-601A and the NVC will put their interview on hold until they finish the I-601A process.

      If you would like to discuss this further with me, call 901-507-4270 to schedule a consultation 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.

  32. Anonymous
    March 1, 2013

    My husband has his visa interview in ciudad juarez in a month. If he were to not go, he could restart the process in a year and i (a usc) could petiton him again and then he could apply for the i601a waiver?

  33. flor
    February 28, 2013

    Hi I have a question? I am sponsering my husband we had our interview in Juarez July 9th 2012 but they told us to file a I 601. We are waitingfor the aproval. does this new law have good news for us?

    • Flor,

      No. The I-601A rule does not affect someone who is outside the US and has a pending I-601 application. You will need to wait for USCIS to decide your waiver application. Hopefully you will get an approval soon.

      * 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.

  34. Joe
    February 27, 2013

    My wife just got approved for DACA. I’m a US citizen. would she still have to leave if we are denied her I601. if approved does she even have to leave the country? i guess I’m just trying to figure out how an approved DACA would affect this process.

    • Joe, if someone’s I-601A provisional waiver application is denied, the do not have to leave. If the I-601A waiver is approved they would still have to leave and apply at the consulate to be able to use the waiver approval. An approved DACA does not change any of this. However, someone with an approved DACA and a US citizen spouse should definitely consult with an immigration attorney before leaving the US. Call 901-507-4270 if you would like to schedule a consultation appointment with me to discuss this.

      * 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.

  35. chris
    February 27, 2013

    hello MR sauer i came to the USA 10 years ago on a C1D visa ,i got married & my wife filed some paper work with immigration ,i got a social & work permit ,i have been working & paying all my taxes since ,we also have three kids together ,i am still together with my wife & kids ,could i file the I 601A waiver.

    • You might potentially be eligible to apply for an I-601A waiver. I couldn’t say for sure without getting a lot more information about you. But you should consult with me or another immigration lawyer before you apply for the waiver to make sure that there are not other options available to you. If you would like to discuss this further with me, 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. 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. A.P.
    February 26, 2013

    Hello,

    I married my husband in 2005, but in 2001 he was detained by immigration and sent back to his country. He never appeared in front of a judge nor was he given any documentation that state he was deported. I spoke to an immigration officer at an immigration officer nearby and they looked my husband identification possibilities up to see if he had be deported and such. The INS officer stated that the case may have been that since he was voluntarily released he was would not be in the ‘system.’ That being said he was detained, sent back to his country and returned to the US shortly after. Would the I-601A benefit him?

    • It depends. Someone who was never deported or removed from the US, could still be subject the 212(a)(9)(C) permanent bar if they had been Unlawfully Present in the US for more than a year before leaving the US and then reentered the US without inspection. Someone who is subject to the 212(a)(9)(C) permanent bar (or any other bar other than the 212(a)(9)(B) unlawful presence bar) is not eligible for an I-601A waiver.

      If you would like to discuss this further, 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. 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. patricia
    February 23, 2013

    HELLO I HAVE A QUESTION,I AM US CITIZEN AND I HAVE MY MOTHER WHO ENTER US WITHOUT INSPECTION, I AM 25 YEARS OLD CAN I APPLY FOR MY MOTHER 601A

    • A US citizen child is not a qualifying relative for an I-601A or I-601. An I-601A currently requires a showing of extreme hardship to the foreign national’s US Citizen spouse or parent. The I-601 waiver for the 3 or 10 year unlawful presence bar requires a showing of extreme hardship to the foreign national’s US citizen or US permanent resident spouse or parent. Children cannot be qualifying relatives for waivers of the unlawful presence bar.

      * 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.

  38. Anonymous
    February 20, 2013

    Hello Mr. Sauer, My father was found ineligible under INA 212(a)(9)(c)(i)(I) like over ten years ago. So he has been out of the country (Mexico) for more than 10 years now. He is looking to immigrate as an immigrant. My question is, does he have to file 212 form now since now he is already cured 10 year permanent bar? If, so, where would he have to file it?

    • When someone is subject to the 212(a)(9)(C) permanent bar of inadmissibility for unlawful presence, they must remain outside the US for at least 10 years before they are eligible to apply for a waiver.

      This is not to be confused with the 212(a)(9)(B) unlawful presence bars which require the person to remain abroad for 3 or 10 years but then do not require an I-601 waiver after that.

      * 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.

      • Anonymous
        February 26, 2013

        Mr. Sauer, thank you for your response. We are familiar with I601 but my original question was whether or not my dad would need to file I212 waiver? The embassy is asking him to file I212 and we are confused as to why the embassy is asking for such waiver since he already remained outside of the country for more than 10 years. So does he have to file an I212 form and where should it be filed at ?

        • Yes. Someone who is subject to the 212(a)(9)(C) permanent bar must wait outside the US for at least 10 years and then they can apply for a waiver using form I-212. They must prove they have remained outside of the US for 10 years and must also show eligibility under the requirements of the I-212 form.

          * 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.

  39. Anonymous 2
    February 19, 2013

    I have a question in regard to the 212(a)(9)(c) permanent bar……
    My sister is a Citizen and wants to sponsor for her spouse but her spouse first came into USA in 98 and left USA approximately 9/98 and reentered 3/99, same for 9/99 and reentered 3/00, I know the 212 refers to the date of April 1, 1997? So her spouse has possibly fallen under the 212 for unlawful presence and reentering? So this would not make him eligible for the I-601A waiver?

    Thank you for your time.

    • Whether or not he is subject to the permanent bar under 212a9C depends on whether he had accrued one year of Unlawful Presence prior to his most recent unlawful entry into the US. But with the 212a9C bar, the time spent in Unlawful Presence in 1998 would be added to the time spent in Unlawful Presence in 1999 when counting whether there was a year of unlawful presence.

      • Anonymous 2
        February 20, 2013

        Yes, from 98-99 added together he was here 1yr. He left on his own but unfortunately was present 1 year Unlawfully present.

  40. alex
    February 12, 2013

    Is using a tax I.D considered fraud.

  41. Anonymous
    February 3, 2013

    My friend had an approved I-130 petition from a US citizen Brother, can he qualify for for this new I-601A?

    • No. Not currently. They may decide to expand the program in the future to include other categories. But currently to be eligible for the I-601A program the person has the be the beneficiary of an I-130 filed by a US citizen spouse, US citizen child over 21, or US citizen parent (where the parent is filing for their child who is unmarried and under 21).

  42. margarita castaneda
    February 1, 2013

    When the applications for the waiver are submitted under the new changes, will interviews be done within the states before a final interview is scheduled in the country of origin of the applicant?

  43. LostNTime
    January 19, 2013

    So if you are for example the son of an American that has been waiting 10-20 years your file is complete but you had to keep postponing your interviews over the years to avoid being stuck outside the country for 10-13 plus years you are not eligible for the new i-601A?

    So the new i-601A is only designed to help a tiny percentage of people that fall ‘exactly’ inside a tight little balanced time frame?

    Seems to me this new i-601A is designed to collect millions in fee’s and disqualify everyone in one inhumane go?

    • Not really. The final rule states that the requirement that an interview not be scheduled only applies to those who had interviews scheduled before the rule was published. Anyone who has an interview scheduled after that date would nit be disqualified. Also, if the DOS terminates the DOS case for the person, the person can then refile a new petition. So the people that are completely left out by this rule would be someone who was under 21 when their US citizen parent filed the I130 or when the parent naturalized, but is now over 21 and had an interview scheduled before the final rule was published.

      Also, they have said that they might expand the rule in the future, so here is hoping.

  44. Jasmina Dikanovic
    January 17, 2013

    My husband came here to the us on a boat visa that does not allow change of status. He has been here for 8 years, overstaying it. We have been together for 5 yrs, married for 2 1/2 and have a 18mo. baby girl. I am a US born citizen (so is our daughter). I am planning to file an I-30 petition for him, and we are planning to do the proceedings in his native country since he can not change his status here from the us. My question is regarding the new waiver provision rule: if I file the I-30 now (January) should we wait until the new rule is in effect in March to file the I-601A? and does the I-30 have to be approved, or just in process for us to apply for the I-601a? We planned on leaving the country to file everything abroad, and were anticipating having to do a hardship waiver after a possible denial at the interview..and then we heard of the news for the new waiver provision. What are his best chances, wait here to do the new I-601a ..or go and do everything there? or would we still probably have to do both waivers? I’m confused :/ Thank you

    • I can’t comment on whether he is eligible for the I-601A without having a full consultation. But. If he is eligible to apply, the I601A is the better option. The I-130 must be approved and the DOS fees must be paid to the National Visa Center before the I-601A can be filed. He must be in the US when the I601A is filed and until after he gets his fingerprints taken. Then he can leave the US, but I would recommend not leaving until after the interview is scheduled.
      Also he should not leave the US without consulting with an immigration attorney first. You really should hire an attorney to out together the I601 or I601A.

  45. Guillermo
    January 16, 2013

    Hi Ari ,My name is Guillermo and i’ll love to share my case with everyone at the chat ,My case is very complicated ,i entered to United State as a tourist in January 1993 and applied for Asylum months later, got social security and work permit but moved from Virginia down South Florida by the end of that same year ,were i had 2 very bad lawyers, so by the end of this inmigration case 1995 i was ordered deportation in absentia !!!Never got any letter in the mail not even ex lawyer told me .Well , Didn’t known that til may of 2012 ,when got arrested at work and incarcerated in Tacoma Detention Center(Seattle) for up to 60 days, thanks god i filled a Stay of Removal application form and got released few days later but with ankle bracelet for 6 month, just filled another extencion a few days later (gotta wait up to 60 days ) for the results ..!!! The thing is all this problem turned againts me and now i’m divorced with 4 US Citizens kids ,one of them suffered of Expectrum Syndrome(Austism) ,now the question is if i can qualified for that 601 Hardship waiver before i get deported to my hometown(Peru) ???? I’m paying child support, back child support and more . I’ll appreciated your help and will love someone to represent me ,i’m in Seattle(Edmonds) no lawyers so far !!! Had a very bad experienced with them …
    Sincerely
    Guillermo S

    • Thank you for sharing your story with my readers. It shows you thw importance of hiring a reliable attorney. I would also say that people should stay in co tact with their attorney and make sure the attorney always has their current address, phine numbers and email address.

      In your case, you would need to have your court case reopened before you might be eligible to file an I601A. Also for the I601A or I601, you need a qualifying relative who is a spouse or parent. US citizen children are not qualifying relatives.

  46. Patricia
    January 15, 2013

    I entered in usa with inspection twice , but at my first time I overstay for more then 1 year . at the second time i have no question about the overstay in my first visit. and I changed my status to student and I still as a student until now. I got marriage two months ago with a citizen and I am ready with the papers , but I am not sure if I have to ask for a waiver due my overstay .

    • The answer depends on a number of factors, such as your age when you overstayed the first time, the status you entered in, whether you filed for an extension of status, etc. So you may need a waiver when you file for your green card based upon your wife’s petition. But since your most recent entry was with a visa, you shouldn’t need an I-601A waiver, but rather should be able to file and I-601 waiver with your green card application here in the US. I would recommend that you consult with an attorney to determine if you require an I-601 waiver or not and that make sure you are otherwise eligible to apply for a green card here in the US without having to apply at the consulate.

      If you would like to discuss this further with me, or if you would like assistance with your case, you can schedule a consultation appointment with me by calling 901-682-6455. A standard consultation fee applies.

      * 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.

      • Patricia Dasilva
        January 16, 2013

        I was 21 in 2000 ,my first entered and i had a turist visa. I left usa in july 2009 .I didnt get the extension . In Dezember 2009 my second entry i had a turist but before expire i changed my status to student and i still as a student untill now.

        • Even if someone later reenters on a valid visa that does not change the need for a waiver if they had previously overstayed their status for more than 180 days. You should consult with an attorney to see what your options are going forward.

  47. jina
    January 13, 2013

    Hi I came Us 9 years ago with out visa. My fiance is Us citizen I paid TAX 7 years so
    can I appy for the I-601? I really do not leave US

    • Potentially, yes, but I could not say what your particular options are without first getting a lot more information about you, your history, and your family. You should have a consultation with an immigration lawyer to get an answer to your question. If you would like to schedule an appointment with me to discuss this further, you can do so by calling 901-62-6455. A standard consultation fee would apply.

  48. Elizabeth
    January 12, 2013

    i do have an immigration lawyer but I’ve pretty much been doing most of the paperwork myself..the i-130 is already approved but there’s more papers that needs to be sent off that is for the visa,i just wasn’t sure if I am allowed to go ahead and send those off before the i-601a or should i wait til the waiver is approved? the papers I am talking about is the affadiviat of support & etc..’

    • Elizabeth, there is no point in you paying a lawyer to help you if you are going to go file things with immigration yourself. The whole point of hiring an attorney is because they Know what needs to be done when, and when not to file something. If your attorney is not doing their job, or you don’t feel you completely trust your attorney, then you need to hire another attorney.

      • Elizabeth
        January 13, 2013

        yes,i know. I feel the same way. I just think it is too late to hire a different one.Immigration court is in Septemeber so I have til then to finish all these papers and hope they get approved. Thanks

        • If you have a current case before the immigration court, you are not eligible to apply for the I-601A waiver. If it is what is best for you (and I am not saying that it is) you would have to get your immigration court case administratively closed or terminated before you could apply for the I-601A waiver. You really need to hire an attorney who can help you through this process if you attorney is not handling it for you.

  49. Passang
    January 11, 2013

    My parents are not allowed to enter the US FOR 10 years for overstaying their visa.I am a Us citizen can I apply I-601 on their behalf.
    Passang

    • No. A US citizen child is not a qualifying relative for a waiver for an Unlawful Presence bar. To be eligible for the waiver for an unlawful presence bar, under the regular I-601 process, an applicant must be able to show that if the waiver were not granted it would result in Extreme Hardship to their US Citizen or Permanent Resident spouse or parent. Hardship to children does not qualify someone for the waiver.

  50. Elizabeth
    January 10, 2013

    should I go ahead and send off my visa papers then apply for the i-601a or should i wait and send the i-601a first? so i don’t jepordize having an interview before I’m approved the waiver?

    • I highly recommend hiring an immigration attorney to handle the waiver. Either way you can submit the visa application before filing the I-601a application, although it is not required. You are supposed to notify the NVC that you are going to be filing the I-601a before you file the I-601a so that they know not to schedule you for an interview. Also, you must pay the DOS filing fees before submitting the I-601a. But you do not have to submit the visa application prior to filing, if you would prefer to wait until after you know whether the I-601 a will be approved.

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