FAQ-601 Waiver

Provisional Waivers Of Inadmissibility For Unlawful Presence


What to Do If Your Immigration Waiver Is Denied

If being an immigrant in the United Statesyou have remained in the U.S. beyond the expiration date of your visa, it’s imperative for you to speak as quickly as possible with our F4 India immigration attorney.May be you do not have to leave the U.S. You may be able to obtain a “provisional waiver” of unlawful presence and even apply for a green card. All these possibilities will be analysed by an expert Immigration attorney based on your case circumstances. But what if your application for a provisional waiver is denied? What are your options?

In 2013, the Department of Homeland Security (DHS) began issuing provisional waivers of inadmissibility for unlawful presence to immediate relatives of U.S. citizens.In 2016, the eligibility for those waivers was expanded to include specified other relatives of U.S. citizens and lawful permanent residents.

Why Was It Deemed Necessary To Issue Provisional Waivers Of Inadmissibility For Unlawful Presence, And Who Qualifies For One?

The waivers were deemed necessary because of an unanticipated consequence of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

What Can Happen, If You Overstay A Visa And Do Nothing?

If you are in this country unlawfully orwithout authorization, it’s always possible that you will attract attention from immigration authorities, and you shouldn’t take that risk.There may be substitutes that will work in your certain circumstances, such as applying for cancellation of removal or seeking asylum or Temporary Protected Status.Whatever your personal situations might be, if you have overstayed your nonimmigrant visa, it’s pivotal to obtain the advice of an immigration lawyer and follow to that lawyer’s advice.Let our skilled immigration attorney assist you to make your dreams come true.

Why your I-601 Waiver gets denied?

The adjudication process for I-601 waiver applications depends on which immigration officer is reviewing your application and that officer’s understanding of your circumstances. Thus, it is very important to present your documents and explanation in the most convincing manner. An expert attorney knows how to present your waiver in the most effective way.

One of the most common reasons that U.S. immigration authorities deny an I-601 waiver application is due to the reason that applicant not have submitted enough convincing documentation like inadequate evidence of extreme hardship of a qualifying relative.

My spouse entered the USA illegally, do we have options?

If you are a US citizen and your future spouse entered without a visa you still have an option to file petition for your spouse by filing an I-130 petition. However, filing for an Adjustment of Status within the United States will not be an option for you, based on your current circumstances, but in order to overcome the illegal entry, you would need to file an I-601 Extreme Hardship Waiver after the I-130 is approved. You may file for the unlawful presence waiver within the United States.

What is the three-year bar and ten-year bar?

If you have entered the United States and overstay your visa by more than 180 days you will be subject to a three year bar. If you overstay your visa by one year or more you will be subject to a ten year bar. These bars also apply to individuals who enter without a visa. If you are married to a United States citizen you may be able to file for a waiver to overcome these bars. These bars do not allow the applicant to enter the United States while they are valid.