I-601 waivers are used to wave grounds of inadmissibility for aliens who have a qualifying relative that is a U.S. citizen or permanent legal resident who will suffer extreme hardship if the alien is deported. In the past you had to leave the U.S. before applying for an I-601 waiver and wait for a response. But, as of March, 2013, you can apply for an unlawful presence provisional waiver while still in the U.S. If you are considering an I-601 waiver, please talk to the immigration lawyers of the Chávez Law Group right away.
I-601A – Provisional Unlawful Presence Waiver
The I-601A provisional unlawful presence waiver can dramatically shorten the time that you must stay out of the U.S. and away from your family when seeking a waiver of inadmissibility.
Instead of leaving the country before you apply for the waiver, you can apply for the I-601A waiver before you leave the country. This means you do not have to leave the country wait years outside of the U.S. waiting for approval. A I-601A provisional waiver can significantly shorten the amount of time you are away from your loved ones in the U.S.
The I-601A provisional waiver is only for unlawful presence and will not waive inadmissibility on other grounds such as criminal background, medical grounds, fraud, and others.
To obtain an I-601A waiver you must have a qualifying relative, meaning a spouse or parent for the purposes of I-601A, who is a U.S. citizen. You must also prove that your qualifying relative will suffer extreme hardship if you are forced to stay out of the U.S.
Under the current law, I-601A waivers will only be granted to relatives of U.S. citizens, not relatives of legal permanent residents. Also, you cannot receive the waiver based on a child as your relative; it must be your parent or spouse.
Other I-601 Waivers
If you do not qualify for the I-601A waiver, you may still qualify for other I-601 waivers, but you will have to leave the country and be deemed inadmissible before you can apply. The process can keep you out of the country and away from your family for a significantly longer period of time and carries greater risk of not being able to return.
If you or someone you love is interested in obtaining U.S. citizenship or is facing deportation, please talk to the immigration lawyers of the Chávez Law Group, today, or submit our online questionnaire.