In this issue we are reviewing the Provisional Waiver, which is the I-601A form.
This waiver is used when someone has unlawful presence in the United States and it needs to be waived in order for them to be able to go through the Consular Process and apply for lawful permanent residency (Green Card).
This waiver may apply to those individuals who entered the country without a visa or who entered and overstayed their visa.
The first thing to look at before we file the waiver is that the family petition has been approved.
It is a three step process. The family petition takes about a year to be approved. The waiver can take up to two years, and then we can move on to the consular process.
If you have unlawful presence in the United States and we’re filing a waiver on your behalf, we must demonstrate that there will be exceptional hardship to your family members, especially to your spouse or your parents, if the waiver is not approved.
Unfortunately, for this waiver, hardship to children does not count.
In certain circumstances, we may be able to prove hardship to the spouse by demonstrating hardship to a child.
Watch the full video to learn from Attorney Jackie Mann about how this waiver can be an incredible resource for immigrants.
Call or text 512-599-8500 for any questions you may have or to learn more and schedule your free and virtual consult.
Best wishes for you and your family in 2022!
Thanks for choosing Lincoln-Goldfinch Law.
