If you’re worried about being separated from your loved ones because of immigration issues, the I-601A Waiver can be a lifesaver if you’ve been in the U.S. unlawfully. With the support of our skilled immigration attorneys at Alcock & Associates, your journey becomes easier, and your chances of success increase. Don’t let legal challenges keep you apart from your family; take the first step toward a brighter future today.
Over the years, our team of immigration attorneys in Phoenix has assisted many clients with I-601 waivers in Arizona. You don’t have to go through the complex I-601A waiver process by yourself. Turn to Alcock & Associates to offer the expert legal guidance you deserve. Reach out to us today for a free consultation, and let us lead you on the path to a successful immigration journey.
The I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is a crucial part of the U.S. immigration process. It is designed to help individuals who can’t get a green card because they’ve been in the U.S. without permission. Without this waiver, many applicants would have to leave the country for a long time while waiting for their green card approval, which could mean families getting separated and causing a lot of difficulties.
The need for an I-601A waiver comes from the fact that if someone has been in the U.S. without permission for over 180 days, they might face a three- or ten-year ban if they leave the country. This means that when they go to a U.S. consulate for their immigrant visa interview, they could be prevented from coming back for a long time. The I-601A waiver helps by letting applicants ask for a temporary waiver before they leave the U.S.
An Application for Waiver of Grounds of Inadmissibility (I-601) is an option for immigrants who are spouses, fiancés, or parents of U.S. citizens or residents but have been denied a green card based on specific reasons. The immigrant applying for the waiver must also show enough evidence that a denial would cause extreme hardship to their qualifying relative.
The main difference between a 601 waiver and a 601A waiver is where and how you apply for them. The 601 waiver is for people who are outside the United States in their home country, while the 601A waiver is for those who are already inside the United States. The 601A waiver is filed using Form I-601A. If you can apply for the 601A waiver in the U.S., it allows you to stay with your family while the waiver is being processed, which can sometimes take about a year. The 601A waiver has been available for a few years now.
To be eligible for the 601A waiver in the U.S., you must not be in active immigration court proceedings, and the only issue you need a waiver for is unlawful presence in the United States. If you don’t meet these criteria, you’ll have to apply for the 601 waiver from your home country.
If you need to file either a 601A waiver, you must demonstrate that your U.S. citizen or lawful permanent resident spouse or parent will experience extreme hardship if the waiver is not approved.
– Your qualifying relative has to leave the U.S. to be with you
– Continuous medical treatment is needed for a health condition
– Your country is in the midst of political upheaval or war
– You’re the primary caretaker for an individual with significant needs
– Your education would be interrupted and/or terminated
– Significant employment opportunities would be lost or denied
– You primarily care for your children
The I-601A waiver forgives illegal or unlawful presence here in the United States and excludes an individual from any mandatory time that one would otherwise be waiting in his or her home country. The waiting time period can vary from three to ten years. It’s a great honor and pleasure to help people obtain lawful permanent resident status.
Our team of dedicated and experienced immigration attorneys has represented hundreds of people in their I-601A waiver process. We would be happy to help you with your application. For more information or a free consultation, please do not hesitate to contact us.
The I-601A waiver forgives unlawful presence in the United States. This means that the applicant would only need to leave the United States to attend the visa interview, which would be conducted in their respective home country. This I-601A waiver allows the applicant beneficiary to wait in the United States while their waiver application is being processed. An individual will only be eligible to qualify for the I-601A waiver if the individual has a United States citizen or legal resident qualifying relative.
The first step in applying for an I-601A waiver is the I-130 family petition. The purpose of the I-130 petition is to classify the immigrant beneficiary/applicant as a relative of the petitioner. When an I-130 application is approved, it simply means that United States Citizenship and Immigration Services (USCIS) is satisfied that the applicant is the spouse of the petitioner. In order to establish that there is a relationship, there must be proof that the marriage is legitimate, not one solely for immigration purposes. This can come in many forms, including pictures. The I-130 is $420 and typically takes 6-9 months.
After the I-130 waiver has been approved, the petition will be forwarded to the Department of State, which is when two fees can be paid to the National Visa Center. These two fees are $120 and $325, and they are for the immigrant visa and the DS-260 application for residency.
After the National Visa Center fees are paid, the waiver can be submitted. In order for an individual to be approved for an I-601A waiver, the applicant must be able to demonstrate that if they are refused admission into the United States, it will cause “extreme hardship” to their qualifying relative. This includes evidence of financial, medical, educational, and emotional conditions. The cost of the waiver is $670 and takes about 4-8 months.
After the waiver has been approved, certain documents must be mailed to the National Visa Center so that the interview, which will take place at the consulate of the applicant’s home country, can be scheduled. One of these documents is the I-864 Affidavit of Support. The purpose of the I-864 form is essentially to demonstrate that the applicant has adequate means of financial support and is not likely to become a financial charge. If the petitioner does not have enough income and/or assets in order to maintain the applicant at 125% of the federal poverty guidelines, then a joint sponsor who meets the requirements may submit a Form I-864. All Sponsors must be living in the United States, at least 18 years of age, and a citizen or legal permanent resident of the United States.
After the interview at the consulate has been scheduled, the applicant will leave the United States for their home country to attend the visa interview. Also, before the interview, the applicant is required to have a medical appointment with an authorized physician in the country where they will be interviewed. At the interview, a consular officer asks the applicant various and different questions in order to ensure eligibility for an immigrant visa (green card).
If the individual is found to be out of status in the United States for more than 365 days, departs the U.S., and then attempts to re-enter the U.S. or is successful in reentering, they will not be eligible for the I-601A waiver. This means that a person must be in the United States to apply for an I-601A waiver and must have only one illegal entry and period of unlawful presence in the United States. An individual will also be ineligible for an I-601A waiver if they have been convicted of a controlled substance offense or a crime that involves moral turpitude. A crime of moral turpitude is a crime that has the intent to steal or defraud as an element or a crime in which an intentional act caused bodily harm. A person will also be ineligible for the I-601A waiver if he or she entered the United States with false documents, claimed to be a United States citizen, or brought anyone with them when entering the United States (alien smuggling).
Here are the questions that we must ask in order to determine whether or not an individual is eligible for Adjustment of Status:
1. How did you enter the United States?
2. How long have you resided in the United States?
3. Have you ever left the United States and if so, when and for how long?
4. If you entered legally, have you ever overstayed your visa and subsequently departed the United States?
5. Have you ever been deported?
6. Have you ever been caught crossing the border?
7. Have you ever signed a voluntary departure?
8. Have you ever been denied entry to the United States?
9. When you came to the U.S., who was with you? Did you bring any family members?
10. Have you ever used fraudulent documents to gain entry to the United States?
11. Have you ever told anyone you were a United States citizen?
12. Have you ever been arrested for any crime?
13. Have you ever been convicted of committing any crime?
A consular interview is where a U.S. official asks you questions and reviews your record to see if you are admissible, which means that you can be allowed into the U.S. Your medical, financial, and criminal record will be reviewed, as well as your immigration history. Often if you are getting papers through a spouse, you are asked questions about your marriage again to make sure that it’s a valid marriage.
Your medical record will be reviewed based on the medical exam you have done in your home country while you are there. Your attorney will help you get the medical exam organized before you leave.
Your financial record will be reviewed to ensure you don’t become a public charge, or in other words, become reliant on the government. They will make sure your sponsor makes enough money to financially support you. Several factors will be considered, like your work history, education, English speaking ability, possessions, debts & loans, and your ability to pay medical bills if you don’t have health insurance.
If you have any criminal history, it will be considered. Even if the charges are really old or the case has since been closed because you have completed everything, it will be taken into account. They will want to know whether charges were filed, if the charges were dismissed, or if you were convicted on any charges. It’s extremely important that you resolve any open criminal cases you may have prior to leaving.
It’s critical that you are truthful and you tell your attorney everything about your history before you leave for this interview. Otherwise, the consequences could be that you have to wait in your country of birth for 10 years or that you will never be allowed to enter the U.S. Following our legal advice is the best path to getting your green card.
Your 601 waiver attorney will let you know what to expect at the interview. We know many of you have not been to your home country for a long time, or you may not have been old enough to even remember it, but rest assured you will be fully prepared for this interview.
A 601 waiver is filed on the Form I-601. It is an application to waive (or have forgiven) something in your record that makes you inadmissible. Inadmissible means that you cannot be allowed into the U.S. for some reason. Not everything can be waived, but a lot of things can. Once the waiver is approved, you are then considered admissible.
Things in your record that would require that you apply for a 601 waiver are often immigration violations or criminal history. The most common immigration violation needing to be waived is unlawful presence in the U.S. Time in the United States without lawful immigration status is counted against you. If someone is in the U.S. for 6 months to under a year without status and then leaves the U.S., he or she is inadmissible (or cannot be allowed to enter the U.S. lawfully) for 3 years. Another common scenario is that someone is in the U.S. for over a year without lawful immigration status. If you’ve been in the U.S. for more than a year with no status or out of status, and you leave to your country of birth to apply for a green card at a U.S. embassy or consulate, you will need to apply for a 601 waiver.
Another thing that needs to be waived is criminal history. Not all convictions require a waiver, but some do, and the question is whether your state conviction fits into certain federal categories. The most common federal categories that require a 601 waiver are crimes involving moral turpitude (AKA “CIMT” or “CMT”) and controlled substance offenses. Some of the more common crimes involving moral turpitude are fraud offenses (such as taking the identity of another, criminal impersonation, fraud, and possession of a forgery device), aggravated assault, endangerment, and theft offenses.
Not all convictions mean that you will have to apply for a 601 waiver. It’s all dependent on the specific subsection of your conviction or the individual circumstances of your case. This list does not include all reasons why you may need to apply for a 601 waiver. The best advice is that you have one of our experienced attorneys review your immigration and criminal history.
The Alcock Law & Associates team is proud to offer free consultations for our clients. Just call 602-989-5000 today and we will explain and walk you through the process. We are dedicated to helping people as knowledgeable 601 waiver attorneys.
Getting legal status can be complicated, but we’ve got you covered. Our team knows the ins and outs of the process and is dedicated to helping you succeed. When you contact our office, you’ll feel our genuine commitment to your case. We’re here to simplify the process and support you every step of the way. Trust us to guide you professionally toward your goal of legal status.
Choosing Alcock & associates was a blessing to us from day one. They made my wife’s immigration case a breeze. Daniella Hernandez helped us and she was wonderful. If she wasn’t available to speak at the moment, we would always get a quick call soon after. She answered every question we had with confidence and it was clear that she knew what she was doing.
Mr. Alcock since the early 2000 and I’ve seen all his work and growth on helping the community and now after 10 years of residency, I had no doubt of coming to the firm for advice regarding my citizenship process.
Hands down, the best law firm. They really worked hard and still working hard on my complicated immigration case. So far it’s really a good experience with the attorney Lisa, co-attorney Emanuel and all the front staff.
This is the only law firm I turn to for legal consult/representation. Immigration attorney, Lisa Elkin, assisted my wife with her legal residence status. After 34 years of living in this country my wife is finally a legal resident of the United States.
Alcock & Associates has helped me greatly when acquiring and renewing my DACA permit. They are extremely kind hearted and go above and beyond to help the people.
Really professional lawyers. Took two different cases based on immigration from us. One with Cody for the deportation withheld process thank you so much for everything for closing completely the deportation process against my husband.
Very good group of lawyers who work, for your interests without any rest. Thanks to that today I can say that I am a resident I do not have how to thank everything they did for me. Thank you very much and may the Lord bless you.
This will be my third time coming with Alcock & Associates for my Daca and as always they never disappoint, everyone here is super helpful and welcoming! Thank you Kirk for helping with my renewal
Dora and Lisa (the lawyer) did such a wonderful and professional job with my husband's residency. Everything went smooth at ciudad juarez. Everything they said would happen, did. They prepare you very well. I recommend Alcock & Associates 100%. They are honest and will let you know the truth
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