Who is Eligible for New Provisional Unlawful Presence Waiver process (I-601A)?
This new waiver allows certain immediate relatives of the U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigration visa applications. The following person is eligible:
• Needs to be present in the US;
• Upon departure, would be inadmissible only under section 212(a)(9)(B)(i) of the Act (it refers to the 3- and 10-year bars of inadmissibility for unlawful presence in excess of 180 days);
• Qualifies as an immediate relative under section 201(b)(2)(A)(i) of the Act;
• Is the beneficiary of an approved immediate relative petition (Form I-130 or I-360);
• Has a case pending with the Department of State based on the approved immediate relative petition and has paid the immigrant visa processing fee as evidenced by a State Department Visa Processing Fee Receipt;
• Will depart from the US to obtain the immediate relative immigrant visa;And
• Meets the requirements for a waiver provided in section 212(a)(9)(B)(v) of the Act, except the alien must show extreme hardship to his or her U.S. citizen spouse or parent.
If you have any questions regarding I-601 or I-601A Waiver Applications, feel free to reach our Law Firm at +1-212-245-70 70 or info@ogmenlaw.com email address.
Thank you.
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