I-601A Provisional Waivers

Immigration Attorney

Carl Shusterman

Who Needs a Waiver?

Inadmissible: Unlawful Presence (UP), Fraud, Convictions, etc.

New Policy Applies to Those Who Only Need UP Waiver

New Policy Applies To Those Who Need to Apply for LPR Status Abroad

Starts on March 4, 2013

Purpose of the New Policy

To Prevent Prolonged Separation of Families

Allows Persons to Apply for Waivers in the US

Does Not Apply to Those in FB and EB Preference Categories

Are You Eligible?

Immediate Relatives

Entered US Without Inspection (C-1, K-1, etc.)

Ineligible to Adjust Status in US

At Least 17 Years of Age

Which Bars Does New Policy Apply To?

3-Year Bar

10- Year Bar

Not to Permanent Bar

How Do I Qualify for an I-601A Waiver?

Show “Extreme Hardship” to “Qualifying” Relative

What is Extreme Hardship?

Who is a “Qualifying Relative”?

What Can I Do if My I-601A Waiver is Denied?

No Appeals

No Motions to Reopen/Reconsider

However, You Can Refile Your I-601A

What Are My Chances of Having My Waiver Approved?

I-601s Have a 34% Denial Rate

Don’t Try to Do This on Your Own

Don’t Use a Notario or Consultant

Hire an Experienced Immigration Attorney

Where Can I Find More Information on I-601A Waivers?

See Our I-601A Frequently Asked Questions Page http://shusterman.com/2013/01/i-601a-provisional-waiver-faq.html

See the USCIS website http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dc9af51016bfb310VgnVCM100000082ca60aRCRD&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190aRCRD

See State Department website http://travel.state.gov/visa/immigrants/nvc/nvc_5837.html