Citizenship and Immigration Services (USCIS) and admit to living in the U.S. without lawful status.Fortunately, the potential benefit of obtaining a green card without waiting outside the U.S. for several years ordinarily outweigh the risks of applying.
In most cases, this is improbable, but it is not impossible. This is more common in a traditional Form I-601 claim. I-601A Provisional Unlawful Presence Waivers The new Provisional Unlawful Presence Waiver (I-601A) allows eligible immediate relatives of U.S. citizens to apply for a waiver while in the U.S. before going to their home countries for their green card interviews. Have you been a member of a group that has been linked to terrorist activities?But be aware that USCIS could change this policy at any time, and the Trump administration has been particularly eager to deport any and all undocumented persons.For that reason, you should check to make sure you meet all the requirements before you spend the time and money necessary to apply for the new stateside waiver only to possibly have it denied.The only difference between the original application for a waiver of inadmissibility (using Form I-601) and the provisional waiver is that you will receive a decision before you need to leave the United States for your interview at a consulate abroad.USCIS has stated that it will not share information submitted on Form I-601A with Immigration and Customs Enforcement (ICE), the agency tasked with apprehending violators of immigration law, unless it involves an individual with a criminal history or fraud violations, or one who poses a threat to national security or public safety.You might be worried that your personal information will be used by USCIS in order to place you into detention or in removal proceedings in Immigration Court if your application is denied. Application for Provisional Unlawful Presence Waiver. This information is crucial to you enjoying many years to come with your family.Extreme Hardship can be based on actual or prospective injury.
can only be granted if the alien establishes that: Refusal of admission to the U.S. would result in extreme hardship to a US citizen (USC) or … In short, this new procedure is especially beneficial for spouses, parents, and children (unmarried, under age 21) of U.S. citizens and permanent residents, who entered the U.S. illegally and stayed for six months or more.
A case that was administratively closed but put back onto the active calendar (also called re-calendaring) is no longer administratively closed.If you believe that you may be eligible for a provisional unlawful presence waiver but your removal proceedings have not been administratively closed, you or your legal representative should contact the immigration court in which your removal proceedings are pending (or the Board of Immigration Appeals) to obtain information about how you can request administratively closure of your removal proceedings. That means that you must show that your qualifying relative more likely than not will experience extreme hardship if you are not admitted in the U.S. “Provisional unlawful presence waivers” waive inadmissibility to obtain a U.S. green card because of unlawful presence in the United States. 7031 Koll Center Pkwy, Pleasanton, CA 94566 Green card seekers who are not eligible to adjust status within the U.S. and face significant waits abroad due to their unlawful presence have had another option: applying for a provisional waiver of unlawful presence (also known as the "stateside" waiver).
However, if your provisional unlawful presence waiver request is denied or if you withdraw your provisional unlawful presence waiver application before USCIS makes a final decision, you may file a new Form I-601A, in accordance with the form instructions and with the required fees. 1 They do not apply to any other grounds of inadmissibility – such as the commission of an aggravated felony or other inadmissible crime. When the Department of Homeland Security (DHS) first announced that it would issue provisional waivers of inadmissibility due to unlawful presence, many immigrants who would once have been forced to leave the U.S. in order to apply for such a waiver along … With the I-601A Provisional Waiver of Inadmissibility. Don’t delay! However, it will not provide lawful status, employment authorization, protection from deportation, nor the automatic approval of a green card.Just like with an I-601 waiver, you will still need to submit a considerable amount of evidence to prove that a waiver should be granted due to the “extreme hardship” that your U.S.citizen spouse or parent would face if your case was denied.If so, consult with an experienced immigration attorney who can advise you on your best course of action before you submit your information to USCIS.If you ignore this rule and apply anyway, you risk at a minimum losing your application fee.