Suppose you’re a green card seeker facing a long wait abroad due to unlawful presence and aren’t eligible to adjust your status within the United States. In that case, you have a potential solution: filing for a provisional unlawful presence waiver, commonly known as a stateside waiver. In the following sections of this guide, we will focus on the finer details of this waiver, terms of qualification, and what to consider when seeking the waiver.
Deciphering the Provisional Waiver
To those applicants who do not meet the requirement to change status within the country, green card, many challenges come their way when it comes to the immigration process. This leads to increased time that individuals spend unlawfully in the U. S in detention or deported to foreign countries away from their families. However, the provisional unlawful presence waiver, outlined in I.N.A. § 212(a)(9)(B)(v) and 8 U.S.C. § 1182(a)(9)(B)(v), serves as a lifeline for many.
Who Qualifies for the Provisional Waiver?
However, despite the protocol’s complexity, you must identify whether you meet the requirements for the provisional waiver. This waiver is not absolute and only applies under certain circumstances or specific criteria. To determine whether you are eligible for a provisional waiver, please see the question: “Am I Eligible for a Provisional Waiver of the Three—or Ten-Year Time Bar? “
What documents are required to apply for the provisional unlawful presence waiver
To apply for the Provisional Unlawful Presence Waiver (Form I-601A), applicants must submit several key documents along with their application. Here’s a detailed list of the required documents:
Required Documents
- Completed Form I-601A: This is the main application form for the provisional waiver.
- Filing Fee: Include the appropriate fee for processing Form I-601A, which can be paid via check or money order.
- Proof of Eligibility:
- Approved Immigrant Visa Petition: A copy of the Form I-130 (Petition for Alien Relative), Form I-140 (Petition for Alien Worker), or Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) approval notice.
- Immigrant Visa Fee Receipt: Proof that the immigrant visa processing fee has been paid to the Department of State.
- Evidence of Unlawful Presence: Documentation showing the period of unlawful presence in the U.S., which may include:
- Copies of immigration documents, such as Form I-94 (Arrival/Departure Record).
- Any other relevant records that indicate when the individual entered and exited the U.S.
- Proof of Extreme Hardship: Detailed documentation demonstrating that refusal of admission will cause extreme hardship to a qualifying relative (U.S. citizen or lawful permanent resident spouse or parent). This may include:
- Personal statements from the qualifying relative.
- Financial records, medical records, and any other evidence supporting claims of hardship.
- Biometrics Appointment Notice: If applicable, a notice indicating that a biometrics appointment has been scheduled.
- Additional Supporting Documents: Depending on individual circumstances, additional documents may be required to support the application, such as:
- Identification documents (e.g., passport, birth certificate).
- Marriage certificate if applying based on marriage to a U.S. citizen or lawful permanent resident.
- Any documentation related to prior immigration proceedings if applicable.
- Cover Letter: While not mandatory, including a cover letter summarizing the contents of the application can help organize and clarify your submission.
Addressing Concerns About Providing Personal Information
This is probably because as an immigrant compiling and submitting your details such as your name and address to USCIS may arouse your concern in one way or the other. This is a plausible concern particularly when answering the question with regards to whether or not the respondent resides in the U. S. with lawful status. However, it’s important to recognize that while a positive outcome may come, you should also weigh the advantages against the many disadvantages associated with it.
USCIS Referrals to ICE
Concerns about your detention or referral for removal proceedings if USCIS declines your application likely explain this situation. While such outcomes are unlikely, they are possible. If your case is based on unlawful presence, the information you provided cannot be used against you in this way.
The USCIS has stated that they will not forward Form I-601A data to ICE except in cases of a criminal past, fraud, or deciding factors that make the applicant a threat to national security or public safety. However one should not be careless as the USCIS laws may at times change and the president of MSDS may not be keen on implementing some of the policies.
Assessing Your Background and Risks
It does make sense to take an honest, realistic look at your experience before you submit your information to USCIS. What impact can the information in your background have on decisions that might lead to a detainment or deportation? Consider factors like:
- Lying on a form needed for use by a government agency.
- Multiple criminal convictions.
- History of gang association.
- These are associated with groups linked to terrorist activities.
- If any of the factors mentioned above apply to your situation, it’s highly advisable to consult a skilled immigration attorney. They can help assess the appropriate course of action and the potential risks involved.
Avoid Applying If You Have Multiple Grounds of Inadmissibility
A person often undergoes an evaluation process for admissibility to the United States when attempting to obtain a visa. Despite a legal presence being a keyword for unlawful presence, there are many other grounds of inadmissibility; medical history, and criminality among them. Understanding these grounds for inadmissibility is crucial, as detailed in “Inadmissibility: Waiting for the U.S.” Department of State to Say When the U. S. Can Keep You Out. “
According to U.S. immigration law, applicants with more than one ground of inadmissibility cannot use Form I-601A to apply for the provisional waiver. If they need permission, they have to apply for a waiver which is not available locally by Filling and Form I-601. Failure to adhere to this rule or applying through the wrong form leads to, at a minimum, the forfeiture of the application fee and, worse, a sequence of enforcement actions against you. It is advisable to speak to an immigration attorney in case some issues make you ineligible for provisional waiver on grounds apart from unlawful presence before proceeding to apply for the visa and waiver.
Consider the “Extreme Hardship” Requirement
While the provisional waiver expedites the process for many U.S. citizens and lawful permanent residents seeking green cards for their qualifying relatives, it’s vital to note that it doesn’t grant lawful status, employment authorization, protection from deportation, or automatic green card approval.
Before investing time and resources in your stateside provisional waiver application, ensure you meet all the prerequisites. An essential factor in your application’s success is demonstrating the “extreme hardship” that your U.S. citizen spouse or parent would endure if your case were denied for unlawful presence.
This requirement demands substantial evidence and a compelling argument. Collaborating with an immigration attorney can streamline this process, helping you build a persuasive application package for USCIS.
However, if you’re uncertain about your ability to prove extreme hardship, consider delaying your application until you have the necessary supporting evidence.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a B-2 Visitor Visa or Asylum, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
