Family Immigration and I-601A Provisional Waivers
If you violated immigration laws when you came to or decided to stay in the United States, you will face challenges when trying to apply to become a lawful permanent resident. If your parent or spouse is a U.S. citizen or lawful permanent resident and if a family member files a petition on your behalf, you may have the option to apply for what is known as an I-601A provisional waiver.
At Bean, Lloyd, Mukherji, & Taylor, LLP, our attorneys help the relatives of U.S. citizens and lawful permanent residents navigate the numerous immigration rules and restrictions that can otherwise result in their deportation and barred re-entry into the country.
Is Your Spouse Or Parent A U.S. Citizen or Lawful Permanent Resident?
To be granted an I-601A provisional waiver, an individual must prove that a separation from a spouse or parent would cause that family member to suffer extreme hardship. Previously, spouses and children of U.S. residents who wished to become lawful permanent residents, but were in the U.S. illegally, could only apply for an unlawful presence waiver at the U.S. consulate in their countries of citizenship. Too often, this resulted in families being separated for months or years while they waited to learn if a waiver was granted.
A 2013 rule change means that today, individuals who demonstrate the hardship requirement can apply for a provisional waiver while in the U.S. Once the provisional waiver is granted, an individual must then leave the U.S. to complete the consular interview.
Learn More About your Immigration Options
To learn more about I-601A provisional waivers and your options, call an immigration lawyer at our Oakland law firm at 510-433-1900 or contact us online. We represent clients throughout California and the country who are in need of immigration advice and legal representation.