Tag: I-601A waiver

Have you entered the US without visas?

Entered the US without visas? Learn about I-601A waivers for obtaining a green card at a US embassy. Generally, it’s a problem if you entered the US without a visa (or without ESTA). If you last entered the US more than six months ago without a visa, then you are probably not eligible to get a green card from within the US. You’ll have to get an I-601A and get your green card at a US embassy. If you entered the US at some point, and then later entered the US with a visa, you may have a fraud problem. That is, in order to get a visa to the US, the US generally asks if you’ve ever been in the US and how you entered. If you told the US that you entered without a visa that will make it unlikely that you’ll be granted a visa. If you were asked about prior entries to the US and you did not disclose the entry without a visa, you’ll have a fraud problem that will require an I-601 waiver (not I-601A waiver). 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

I-601A Waiver Expanded to Include

What does the I-601A Waiver Do? The I-601A waiver helps someone avoid being barred from re-entry from the United States after she departs the US. Someone would be barred from re-entering the US for 3 years or 10 years if she had been present in the US for more than 180 days (3 years) or one year (10 years). This means that someone who is not eligible to get a green card in the US can apply for an I-601A waiver, get it approved, leave the US, and re-enter the US with the green card–without waiting 3 or 10 years outside the US. 
 
What Does the Expansion of the Waiver Do? USCIS expanded eligibility of the I-601A waiver to those who are statutorily eligible for an unlawful presence waiver under INA Sec. 212(a)(9)(B)(v). This means that if the green card applicant can demonstrate extreme hardship to a U.S. citizen or LPR spouse or parent, she may apply for and receive a provisional waiver, whether the basis for the immigrant visa is an employment-based preference category, a family-based preference category, the diversity visa lottery, or a special immigrant classification.
Can I Apply for the I-601A Waiver Now? It is important to speak with an immigration attorney to discuss whether you are statutorily eligible for the waiver and whether the facts of your case make it likely that you will be granted the waiver.
See AILA’s recent fact-sheet about the I-601A expansion.

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Marriage-Based Green Card Document Guide

We work hard to make your immigration case easy for you. Use this easy guide to help you organize the documents that you would use if you are eligible to submit an application for a marriage-based green card application. You should consult with an attorney to figure out if you are eligible for a green card before you submit any applications or documents to the U.S. government.