Background

Provisional Unlawful Presence Waiver

Provisional Unlawful Presence Waiver

Let Our Los Angeles Immigration Attorneys Help You Stay in the U.S.

Many people enter the United States legally but unfortunately remain in the country long after their visa has expired. Additionally, many individuals enter the United States unlawfully and have never returned back to their native country. This can become an obstacle for an immigrant who is now seeking to apply for legal permanent residency to the country through an immediate family relative.

However the I-601A waiver allows those certain individuals to now apply for this waiver while they remain in the United States rather than depart the United States and have the automatic 10 year bar apply to them.

To qualify for an I-601A provision unlawful presence waiver you must:

  • Be physically present in the United States
  • Be at least 17 years of age at the time of filing
  • Be the beneficiary of an approved I-130 or I-360 immigration petition that classifies you as the immediate relative of a U.S. citizen
    • Immediate relative includes a spouse, child (unmarried and under 21 years of age), parent of U.S. child who is 21 years of age or older
  • Your qualifying immediate relative would experience extreme hardship if you were refused admission to the United States
  • Have a pending immigrant visa case classifying you as an immediate relative with the Department of State
  • Be inadmissible SOLELY for the reason of accruing a period of unlawful presence in the United States that was:
    • More than 180 days, but less 1 year, during a SINGLE stay OR
    • 1 year or more during a SINGLE stay

Once USCIS approves your Provisional Unlawful Presence Waiver with the help of one of the Los Angeles immigration lawyers at the Law Offices of Michael M. Felix, you must depart the United States to attend your immigrant visa interview and the Department of State officer will determine if you are otherwise admissible to the United States and eligible for an immigrant visa. It is important to note that even if your provisional unlawful presence waiver is approved, you must still depart the United States to process your immigrant visa at a U.S. Embassy or U.S. Consulate abroad; you may not adjust your immigration status in the United States.

Get Your Free Case Evaluation

Obtaining a provisional unlawful presence waiver can be challenging and confusing, but the attorneys at the Law Offices of Michael M. Felix are trained to assist you and guide you through the process. Our office offers free consultations; call (562) 445-4870 to get further information about the provisional unlawful presence waiver.

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