Generally, U.S. citizens and lawful permanent residents can petition on behalf of certain eligible family members so that they may apply for permanent residence in the U.S. However, if the family member entered the country unlawfully or overstayed a visa, they will need to apply for an immigrant visa at a U.S. embassy or consulate outside of the country. Depending on how long the relative spent in the United States, that could result in them not being able to return for three or ten years, or in some cases permanently. In order to avoid the three- or ten-year bars to entry, the relative can apply for an I-601A unlawful presence waiver to re-enter the United States without the long wait time.
Who may file an I-601A?
The person must be:
· At least 17 years old;
· Physically present in the U.S.; and
· A beneficiary of an immigrant visa case pending with the U.S. Department of State.
Extreme Hardship to a Qualifying Relative
The immigrant must prove to USCIS that they have a U.S. citizen or lawful permanent resident spouse or parent who will suffer extreme hardship if the application for the waiver is not approved. No other type of relative may be considered for the extreme hardship requirement. For example, extreme hardship to a child or sibling does not qualify.
Among other things, USCIS will take into account health/medical conditions, family ties, social/cultural considerations, economic factors, and country conditions abroad when determining whether the qualifying U.S. citizen or permanent resident relative would suffer extreme hardship.
How to Apply
The I-601A is a standalone application and cannot be filed with any other immigration applications. The applicant can file the Form I-601A via the mail or an USCIS online account along with the extreme hardship evidence and the other required documentation (see the I-601A instructions for more detailed information about requirements). USCIS may schedule the applicant an appointment to take fingerprints and photographs. The applicant may also be scheduled an interview before a decision is issued in the case.
The I-601A application process can be challenging. If possible, it’s always best to work with an experienced immigration attorney. To schedule a consultation with one of our attorneys, feel free to contact us.
Please note that the information in this post should not be construed as legal advice.
Comments