Your Path to a Green Card Despite Unlawful Presence
If you have been living in the United States without legal status, you may worry about your ability to obtain a green card. Fortunately, the I-601A Provisional Unlawful Presence Waiver offers a legal solution that can help you overcome this obstacle and move toward lawful permanent residency.
What Is Unlawful Presence?
Unlawful presence occurs when an individual:
- Overstays their visa,
- Enters the U.S. without inspection, or
- Violates the terms of their temporary visa status.
The consequences of unlawful presence can be severe, including a bar from re-entering the U.S. when attending a consular interview abroad. Fortunately, certain relatives of U.S. citizens or lawful permanent residents may qualify for a provisional waiver under the Immigration and Nationality Act (INA) Section 212(a)(9)(B).
How Can the I-601A Waiver Help?
The I-601A waiver is designed to forgive one specific ground of inadmissibility: unlawful presence. If you face additional grounds of inadmissibility, you may need to apply for a broader I-601 waiver. Our legal team can evaluate your case and determine the best course of action.
Eligibility Requirements for an I-601A Waiver
To qualify for this waiver, you must demonstrate that your departure from the U.S. would cause extreme hardship to a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent.
Because this process requires extensive documentation and strong evidence, it is crucial to work with an experienced immigration attorney who can guide you through every step and help you build the strongest possible case.
Why Work with Lefebvre Michel Law Firm?
The I-601A waiver process is complex and time-consuming. With long processing times and strict documentation requirements, applying for this waiver can be overwhelming. Having a knowledgeable immigration attorney on your side can significantly reduce the stress and uncertainty of the process.
At Lefebvre Michel, our team can:
- Assist you in completing all required forms accurately,
- Help gather and organize necessary documentation,
- Build a compelling case demonstrating extreme hardship,
- Guide you through the entire consular processing stage.
Important Considerations
While an approved I-601A waiver allows you to overcome the unlawful presence bar, it does not grant lawful status or work authorization in the U.S. Additionally, receiving a waiver does not guarantee approval of your visa application. After your waiver is approved, you will still need to leave the U.S. and attend an interview at a U.S. consular office before obtaining your green card.
Take the Next Step
If you believe you may qualify for an I-601A waiver, don’t navigate this process alone. Contact Lefebvre Michel Law Firm today for a consultation and let our team guide you toward a successful resolution.