Immigration & Naturalization
If you have been deemed inadmissible to the U.S. you can apply for an I-601 waiver to wave or forgive the grounds of inadmissibility for the benefit of a qualifying relative who is a U.S. citizen or legal permanent resident. In most cases you must leave the U.S. in order to apply, the process can take a very long time, and there is a significant risk that you will not be allowed to reenter the U.S. As of March, 2013, you can apply for an unlawful presence waiver while still in the U.S. Please talk to the immigration lawyers of Jacoby & Meyers right away to learn more.
To be eligible for an I-601 waiver, you must prove that your qualifying U.S. citizen or legal permanent resident relative will suffer extreme hardship due to your absence. A qualifying relative, under most types of I-601 waivers, is a spouse, parent, or child. While it seems that the agony of being separated from a close loved one would be enough to qualify as extreme hardship it is not.
Financial, emotional, health, cultural, and other elements are considered when determining extreme hardship. Our immigration attorneys can help you understand this difficult aspect of immigration law and help you determine if you qualify and how to prove it.
I-601A Provisional Waiver of Unlawful Presence
The I-601A waiver is a vast improvement in the waiver process for those who qualify. Instead of having to leave the U.S. and start the three or 10 year bar just to apply for the waiver, you can apply and receive the provisional waiver before you leave the country. This can greatly shorten the amount of time you are away from your spouse or parent.
The I-601A provisional waiver is only for unlawful presence and does not waive other grounds of inadmissibility such as criminal background or fraud. The qualifying relative requirement is more stringent, too. It must be your spouse or parent, not your child, and the person has to be a U.S. citizen, not a legal permanent resident.
The new law goes into effect in March, 2013, and you cannot apply early. However, you can start preparing to apply. Talk to our immigration attorneys right away to get started.
If you or someone you love is considering immigration, believes they may be in the U.S. illegally, is facing deportation, or wants to become a U.S. citizen, please contact our immigration lawyers today for a consultation. Jacoby & Meyers has offices nationwide.