Individuals from other countries who unlawfully enter the United States face restrictions in adjusting their status to become lawful permanent residents while remaining in the country. Instead, they must depart the United States and apply for an immigrant visa at a U.S. embassy or consulate to attain lawful permanent resident status.
However, if someone who entered the United States without authorization leaves the country, they are not allowed to return without a waiver for their unauthorized presence, especially if they stayed in the U.S. for more than 180 days unlawfully. Generally, individuals cannot request a waiver until they are deemed inadmissible during an immigrant visa interview at a U.S. embassy or consulate.
The I-601A waiver offers an opportunity for immediate relatives, such as spouses and children, of U.S. citizens and lawful permanent residents, to apply for a provisional unlawful presence waiver while still present in the United States. Upon approval of the waiver, the individual leaves the United States and goes back to their home country to pursue an immigrant visa. Once the immigrant visa is granted, they can return to the United States legally. Individuals who have entered the United States without proper documentation often need to request an “extreme hardship waiver” to address the consequences of being in the country without permission. This waiver requires a qualifying relationship, such as a spouse or parent who is a U.S. citizen or lawful permanent resident. The qualifying individual must demonstrate how they would experience “extreme hardship” if the penalty is not waived. The recently introduced provisional waiver allows the application for the waiver to be submitted within the United States, enabling the family to stay together while the waiver is under review.
If you are looking for an Immigration attorney to assist you with filing an I-601A hardship waiver, contact Immigration Attorney Nadia Liberg today at (844) LIBERGLAW or send us a message here to set up your VIRTUAL APPOINTMENT!
We will draft a customized “extreme hardship” statement, incorporating relevant legal case law specific to your circumstances to increase the likelihood of your waiver application’s approval. Additionally, we can assist you with collecting all necessary supporting documents and can provide referrals to clinical psychologists with expertise in conducting psychological examinations to demonstrate extreme hardship (please note that a separate fee applies for the psychological assessment).
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Immigration Lawyer Serving all 50 States
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