Las Vegas Provisional Waiver Attorney
If you’re someone who has migrated to the United States, and resides here unlawfully, you face the potential risk of a multi-year ban from the U.S. if you choose to return to your native country for any reason including for a visa interview. But if you have a U.S. citizen or Lawful Permanent Resident spouse or parent, you have options – I-601A Provisional Waivers are a valuable tool for helping people who may be facing situations like yours.
The Problem I-601A Provisional Waivers Address
In 1996, immigration laws were changed to create both 3-year bans and 10-year bans on admission to the United States for people who are or have resided unlawfully in the United States.
If a person has been in the U.S. unlawfully over six months but less than a year and needed to travel home due to unforeseen circumstances (e.g., a sick or dying family member), they would not be able return to the United States for a period of three years. The penalties are even more severe for those who have originally stayed in the U.S. unlawfully for a period of longer than a year. In this case, the ban is ten years.
The rigidity of the 1996 provisions presents numerous problems. For one, the bans are always instigated by the act of departing the United States–even if the reason for that departure was to return to one's native country, for a visa interview at a U.S. consulate. It also applies to people who might have married a citizen of the United States or had other U.S. citizens (family members, etc.) who depend on them for support.
But what if none of those descriptions fit your circumstance? What if you’re a law-abiding person, performing gainful employment and part of a family and community that relies on you? It was in 2013 when I-601A Provisional Waivers were introduced as a targeted solution to specific situations like these in immigration law.
Want to apply for a I-601A Provisional Waiver? Contact American Liberty Law Group online or call (702) 935-1866 to discuss your case with us. Payment plans are available, and we offer our immigration law services in English and Spanish.
The only inadmissibility that can be addressed by an I-601A Provisional Waiver is being present on an unauthorized basis (unlawfully) in the United States for more than six months. The waiver cannot be used to address any other reasons that could be holding up your status.
You must be at least 17 years old to be eligible for a Provisional Waiver. You must be present in the United States to file your application and have an approved family-based petition. Presuming all the above criteria is in order, there is one more piece of the eligibility puzzle. You must be able to demonstrate that your absence from the United States would cause “extreme hardship” to a U.S. citizen or Lawful Permanent Resident spouse or parent.
What is Extreme Hardship?
Proving that your absence would be an extreme hardship will ultimately be the determining factor in whether your application will be granted. In making this assessment, U.S. immigration officials are looking not just for proof of hardship, but proof that the hardship would be over and above that which would be experienced by the typical family or community that is relying on someone. This is where our firm's experience and knowledge are the most important. With an exceptional record of 99.9 percent approval rate, our firm will make sure your I-601A waiver packet is approvable by making sure all hardship factors are fully identified and represented.
Common means of proving extreme hardship include the following:
- The health of family members. Perhaps your parents or close relatives need expensive medication that insurance doesn’t entirely pay for. Your income helps them obtain what may be life-saving medicine. Losing your presence under these circumstances would certainly be an extreme hardship.
- Would your departure require the sale of a home under adverse market conditions? Several factors would be involved here, from the assumption of your income’s necessity to the size of the loss from a sale now to the prospects for a higher property value in the future. But it could be possible that effectively forcing the sale of property too soon may amount to an extreme hardship that would be borne by family members who are also U.S. citizens or Lawful Permanent Residents.
- On a similar note, will your departure have a grave impact on your future ability to be employed when you return? Perhaps you’re in an apprenticeship program that can’t be easily picked up again after you’ve fulfilled a three-year ban. And, under this scenario, perhaps your future income will help provide a home as your parents, who are U.S. citizens, get older.
- What if you married a U.S. citizen? Suffice it to say, having the love of one’s life kept out of the country on a three-year ban would meet most any definition of extreme hardship.
The above are just a handful of examples and although not all will apply to everyone, our firm is committed to identifying your unique factors to make your case approvable. What they all have in common is proving to immigration officials what everyone around you already knows–that your presence matters to people and most importantly to your U.S. citizen or Lawful Permanent Resident spouse or parent and that your absence would hurt them a great deal. It would be an extreme hardship.
The purpose of the waivers is to promote family unity, so you can file your application while staying in the United States and once it is approved, you no longer risk being denied your visa due to the 3 or 10-year ban and you will be able to travel abroad to a U.S. consulate in your native country to secure all appropriate final paperwork.
That wait time is significant. Right now, it’s running anywhere from one year to nearly two years. Up-to-date information on processing time is provided at the website for U.S. Citizenship & Immigration Services.
The American Liberty Law Group knows well the challenges faced by immigrants in the United States. Our founder, Lt. Col. William J. Marvin was once an attorney for the Immigration & Naturalization Service and is deeply familiar with the details of immigration law and what the options are for you and your family. We have a track record of success in helping people in difficult situations and we can help fight for you too.
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We Treat Clients Like Family
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