From 2001 to 2013, undocumented immigrants living in Southern California wrestled with a difficult requirement that prevented them from obtaining green cards without returning to their countries of origin and applying at the consulates there.
This requirement had the effect of bringing applications for permanent legal status to a halt, because returning to one's home country was expensive, time-consuming, and, if the application was then denied, caused applicants to be stuck in their home countries, separated from their families, for up to 10 years.
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In January 2013, a new rule called the Statewide Waiver (also known as the Provisional Waiver of Unlawful Presence or I-601A Waiver) went into effect. The new waiver greatly alleviates these problems.
- Eligible immigrants are now able to remain in the U.S. with their families.
- The change removes the risk of a 10-year delay.
- Applications are commonly processed in a matter of weeks, not a year or more.
Requirements Of I-601A Waiver Eligibility
Immigrants who have entered the U.S. without authorization, are inadmissible only because of unlawful presence, are the beneficiary of an approved immediate relative petition with USCIS, are 17 years of age or older and have remained living here for more than 180 days may be eligible for an I-601A immigration waiver.
These waivers also require that you provide evidence of extreme hardship to your relative who is a U.S. citizen or legal permanent resident if your waiver would be denied.
Even when a waiver is granted, the approval is considered provisional. This means the government has reviewed your case and believes that a waiver should be granted, but your case will be weakened if facts change or new information is introduced.
Our lawyers have enjoyed success with a variety of approaches to stateside waivers, and we can help you achieve your best possible result. Please call to schedule a conversation with one of our immigration attorneys at 323-218-0465, or write to us using this online email form.
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