If you originally entered the country unlawfully but are trying to go through the legal immigration process, you may find yourself struggling. Individuals who unlawfully resided in the United States may find themselves dealing with a 3- or 10-year ban on re-entering the country. However, a provisional unlawful presence waiver, also known as an I-601A waiver, can allow you to remain in the country under some circumstances. An experienced family immigration lawyer could help you determine whether you are eligible for provisional waivers in Doraville and help you apply.
Eligibility for a Provisional Waiver
Provisional waivers are available only to certain individuals in Doraville. To apply, the individual must be physically present in the United States at the time of filing and must:
- Be at least 17 years old
- Have an open immigrant visa case
- Have paid the immigrant visa processing fee
- Have a parent or spouse who is already a United States citizen or permanent resident
In addition, the applicant will need to show that their ineligibility to remain in or reenter the United States would cause extreme hardship to the citizen family member. Extreme hardship is not the same as normal hardship, and may prove more difficult to establish.
The provisional waiver allows eligible individuals to remain in the United States during the immigration process instead of requiring them to leave and face a mandatory reentry bar.
Applying for a Provisional Waiver
Applying for a waiver can be a complicated process. Working with a Doraville lawyer can make the provisional waiver process easier. First, the prospective immigrant should determine eligibility. A lawyer could help determine whether the individual fits those requirements.
Next, the applicant should file Form I-601A to establish their relationship to a U.S. citizen, provide information on the status of their immigrant visa case, and explain how denial of entry would create hardship for the U.S. citizen family member.
The applicant should also expect to pay a filing fee for the application.
Working with a lawyer during this process plays a critical role. A lawyer ensures that Form I-601A is completed accurately and includes all required information. They also help the applicant and their family member gather evidence showing the extreme hardship the U.S. citizen would face if the applicant were denied entry.
Approval for a Provisional Waiver
Provisional waivers in Doraville can take time to approve. Applicants and their family members should prepare for three years or more to process the provisional waiver. Filling out the form correctly the first time, providing all relevant information, and working with a lawyer can all help ensure that the process goes as smoothly as possible.
Talk to an Immigration Lawyer in Doraville For Help With Provisional Waivers
Applying for legal resident or citizen status in the United States becomes much more complicated after an illegal entry, often causing delays or blocking the process entirely. Provisional waivers in Doraville offer relief to family members of citizens or permanent residents who would face extreme hardship without them, helping families avoid these challenges and maintain their quality of life. An immigration lawyer can guide you through the provisional waiver process and help you find the best solution for your family’s needs. Contact us today to start building a better future.
