I-601A Provisional Waiver

#i601a, #provsionalwaiver, #unlawfulpresence How to qualify for an I-601A waiver explained by Former INS Attorney Carl Shusterman (1976-82). Schedule a legal consultation (by Zoom, telephone or in person) at https://app.acuityscheduling.com/sche... What happens if you enter the US illegally, and later marry a US citizen? Can your spouse sponsor you for a green card? Yes, but you have to apply at the US Embassy in your home country. No problem, except that in 1996, a law was enacted which says that if you were "unlawfully present" in the US for one year or more, you have to obtain an I-601 "extreme hardship" waiver in order to return to the US. So, you go abroad to apply for a green card, and then have to wait for months, maybe even a year for your waiver to be approved in order to return to the US. And what if your waiver is denied? You could always appeal, but this would take another few months with no guarantee that your appeal would be successful. In 2013, President Obama issued a new policy which provides that once your I-130 is approved, you can file a "provisional" I-601A waiver without leaving the US. Only if the waiver is approved would you go abroad to apply for a green card. And these days, you can get your green card abroad in a week or two! However, remember to prepare your I-601A waiver very carefully. You must demonstrate that certain "qualified relatives" would suffer "extreme hardship" if you were not permitted to return to the US for 10 years. Qualified relatives are limited to your spouse and parents, but only if they are lawful permanent residents or US citizens. Hardship to you and your children does not count. Extreme hardship can be emotional, financial, medical or a combination of each of these. If you have children and are the breadwinner for the family, how is your spouse supposed to raise the children and pay the rent at the same time? For more information, please see our I-601A Provisional Waivers page at http://shusterman.com/i601a-provision...