According to the announcement of the United States Department of Homeland Security, illegal immigrants who are immediate relatives of United States citizens can submit a Form I-601A application for a “Provisional Unlawful Presence Waiver” while they are still in the United States.
The Old Rule
Until 2001 those living in the USA illegally i.e. entered the States without inspection, could not apply for the Green Card in the US even being married to a US citizen, except in certain rare cases. There was a law ( namely 245i) first established in 1990 that allowed immigrants to apply for the green card as long as a family or an employee petition was filed for them before April 30, 2001, established deadline. After it, immigrants were not eligible to apply for the green card in the US, and had to apply “ extreme hardship waiver” at the consulate of their home countries, but only a few willingly left the states, as there was a risk to be stuck in their home country, in the case their application was denied.
The New Rule
The new rule allows the immigrants to stay in the US while their waiver applications are being decided, and they just need to leave the country to attend an interview at the consulate, if their extreme hardship waiver is pre-approved. In this way, they may escape the risk of not being allowed to return to the US upon departure.
If you entered the U.S. illegally beginning of 2013 and have family members (parents, spouses, and children) who are citizens, then you have the right to file for I-601A provisional waiver, which is a hardship waiver. To obtain such a waiver you must prove that you pose an extreme hardship for your relatives who are U.S. citizens. Since the government takes a variety of factors into consideration, it is important for this declaration to be reviewed and filed correctly.
In order to qualify for a waiver, then you must meet the following requirements:
· Did you enter the U.S. illegally?
· Is your presence in the U.S. still undocumented or illegal?
· Is your relative a U.S. citizen?
· Is your criminal record clean?
· Is your I-130 form approved? Or you are going to file it?
· Do you pose an extreme hardship on your relative (like children or parents)?
Since the stakes are often too high and a “clear approve” is not guaranteed, most people choose not to file for the waiver. Our experienced attorneys at the Margarian Law Firm can help you understand if you are eligible for the I-601A Provisional Waiver. Contact us today for a FREE initial consultation.
You may file your request online, by telephone or by mail. 818-553-1000
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