Provisional Unlawful Presence Waiver
Let Our Los Angeles 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 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.