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Do You or Your Family Need a Provisional Unlawful Presence Waiver?
Have you accumulated unlawful presence in the United States and may be subject to a 3 to 10-year bar if you were to leave the country?
Some immediate family members of U.S. citizens or lawful permanent residents may be able to apply for a provisional unlawful presence waiver under Section 212(a)(9)(B) of the Immigration and Nationality Act. Call us with the button below to find out how we can help qualifying residents receive their waver!
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Steps
How We Will Evaluate Your Case:
The I-601A waiver is used when the immigrant wishes to obtain his Permanent Residence and has NO criminal history or any cause of inadmissibility, being that the only fault is having entered the United States illegally or overstayed his visa.
Who Can Apply
Only a USC United States Citizen or LPR Legal Permanent Resident Spouse or Parent of the immigrant is eligible to be the qualifying relative to apply for the Waiver. Those who have erratic entries and exits to the United States, those with previous deportations, and those who have commited serious crimes are not allowed to receive a waiver.
What Happens After My 1-601-a Forgiveness is Approved?
Once the provisional waiver is approved, the applicant must process their visa application and prepare for an interview at the U.S. consulate in their home country to complete the process of obtaining permanent residency.
Once you approve the pardon within the country, the consular process is done and you are given your appointment at the American Embassy, but the saying is easier than done.
Once the waiver is approved either by USCIS (United States Citizenship and Immigration Services), the applicant must receive an information packet from the U.S. Embassy in their home country. The packet will instruct you to set up a new interview at the consulate. When you return from the interview you will be a legal permanent resident.
Don’t Wait! Let Us Help You with Your Waiver Today
FAQ
Unlawful presence is the period when you are in the United States without being admitted or have received permission to enter or when you are not in a "period of stay authorized by the Secretary of Homeland Security."
The government looks at a hardship to the USC or LPR Relative who will be left behind if the immigrant were to be deported and barred from returning to the United States.
Currently, the process of applying for an Immigration Waiver for the United States is resolved between 8 and 24 months, approximately.
Although denials of an I-601A waiver are not appealable, applicants may refile a new waiver application showing that they have new or additional evidence.
"Case Is Being Actively Reviewed By USCIS" means that the Bureau of Immigration (USCIS) is reviewing your case and you do not need to do anything at this time. It is simply an automatic notification where USCIS tells you that you have started working on your file.
It depends on the consulate. For example, if you are from Mexico, the consular appointment in Ciudad Juarez, after your waiver is approved, is about two years. From countries other than Mexico the wait is approximately one year
Why Choose Claxton Law?
At Claxton Law PLLC, we make it our mission to defend and protect the rights of every one of our clients. Our firm’s main priority is to empower you to achieve the best possible outcome in your case!
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