IMMIGRATION
I-601A Waiver
What is an I-601A Waiver?
This Waiver asks the United States Government to “forgive” when someone unlawfully enters the United States without proper documentation or overstays the extent of time allowed by lawful entry. To be eligible the applicant can only have 1 unauthorized entry or overstay.
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Who can file for an I-601A Waiver?
This waiver only “forgives” unlawful presence in the United States for the legal spouses of United States Citizens and Legal Permanent Residents or the children of United States Citizens or Legal Permanent Residents who petition for the waiver.
If I have other immigration issues, is there any Waiver I can file?
Yes. An I-601 Waiver “forgives” various grounds of inadmissibility. Issues include fraud, smuggling certain family members into the country, and criminal convictions. An I-601 Waiver is much broader than an I-601A Waiver and must address each specific immigration violation.
Where must the applicant be when filing for a Waiver?
An I-601A forgiving only unlawful presence can be filed while the applicant resides inside the United States. Typically, an I-601 Waiver must be applied for outside of the United States.
Frequently Asked Questions
What happens if my I-601A Waiver application is approved?
If an I-601A Waiver application is approved, the applicant must still return to their home country for a consular interview.
What must I prove to obtain an I-601A Waiver?
The issue for consideration by immigration officials is whether the petitioner will suffer “extreme hardship” if the waiver is not granted.
When can I file for an I-601A Waiver?
The application for an I-601A Waiver can only be made after an approved immigrant visa petition (I-130) from a qualifying immediate relative, United States Citizen or Legal Permanent Resident, is granted and all fees related to that visa have been paid.
Let one of our Atlanta immigration attorneys evaluate your case today.
The Potra Law Firm has an extensive and successful track record in securing for its clients I-601A Waivers. Of course, the process is much more detailed than presented here. We recommend a consultation with one of our attorneys who practice in the area of family-based immigration to discuss the particulars of your case to see if an I-601A Waiver can start you on the path to becoming a legal resident of the United States.