Being separated from your family is not a hardship you should be forced to endure. This is often the reality of people whose relatives are not U.S. citizens or lawful residents. Although immigration laws must be enforced, in 2013 U.S. authorities introduced the I-601A provisional waiver. The document allows people immigrating as relatives of U.S. citizens and permanent residents to apply to have their unlawful presence in the U.S. waived so that they are not forced to return to their home country for a consular interview. The aim of the waiver is to stop families being broken up and people applying for residency in the U.S. being trapped outside the country as the process unfolds.
If you are trying to remain with your family member who is a lawful resident in the U.S., then you may need to apply for this waiver. You should do so with the help of the Thompson Legal Group, which is a top Maryland immigration law firm.
How the Waiver Application Works
If you have submitted a family-based visa petition and it has been approved by USCIS, you will need to advise the National Visa Center to halt the processing of your visa until you apply for a provisional waiver. You will then need to fill out and submit the Form I-601A.
To apply for the waiver, you must:
-Be eligible for an immigrant visa to the U.S.
-Physically present in the U.S. when you submit the form
-Supply evidence showing that your relative who is a U.S. citizen or permanent resident will suffer extreme hardship if you are not granted the waiver and green card
You will also need to pay an application fee of $630 and $85 for biometric services if you are above the age of 79. If the application is approved, the case moves forward. If your application is denied, you can try again. However, no appeal is available.
Filling out the required forms and navigating the process of getting a waiver and a green card can be complex. The Thompson Legal Group is a Maryland immigration law firm that can help you through it successfully. Contact us today to schedule your consultation.