A New Opportunity for Undocumented Aliens – The I-601A Provisional Waiver of Inadmissibility

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There are millions of undocumented aliens currently living in the United States. Many live in fear every day of the possibility of being uprooted from their families and returned to their home country. The possibility of new immigration laws giving them relief is what most undocumented aliens rely on.

However, there is hope. There is a little known program that has been in existence since March of 2013 called the I-601A Provisional Waiver of Inadmissibility. Similar to the I-601 Waiver but much more beneficial to the undocumented alien. Here is how it works.

An undocumented alien who has a U.S. citizen immediate relative, such as a spouse, parent or child, may wish to apply for legal permanent resident status (Green Card) based on that relationship. The first step in this process is to have the relative file an I-130 Petition for Relative with USCIS. If approved, then the undocumented alien would have to return to his home country for the interview and to pick up the immigrant visa. But now the trouble begins. If the undocumented alien had been in the United States illegally for more than one year then he would be barred from re-entering for a period of ten years.  

The alien can then file an I-601 Waiver and hope that the U.S. will waive the ten year bar. However, if denied, then the alien is stuck in his home country for ten years without his family. For this reason, there are not a lot of incentives to attempt to obtain the Green Card. Most undocumented aliens would prefer to remain in the U.S. illegally with their families. But this is where the new I-601A becomes helpful. 

The I-601A is a “provisional” or “stateside” Waiver. It works this way. The alien files the I-130 as before. Once approved though, he does not immediately travel to his home country. Instead, he is now allowed to file the I-601A Waiver from here in the United States. If the I-601A Waiver is approved then he must still travel to his home country for the final step. However, he will be doing so knowing that his ten year bar from entering the United States has been waived. If, on the other hand, his I-601A is denied, then he is still where he was before – living in the United States with his family.

To find out more about the I-601A Waiver of Inadmissibility, and the eligibility requirements, please visit Central Florida’s full service immigration firm at www.OrlandoVisa.com, or call us at (407) 648-5742.

 

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