Applying for I-601A Provisional Unlawful Presence Waiver

The I-601a Provisional Waiver is provided to immigrant visa applicants who are relatives of U.S. Citizens or Lawful Permanent Residents who have been declared inadmissible to the United States based solely on the factor of having unlawful presence in the United States.

The Unlawful Presence grounds of inadmissibility may be waived if the applicant can demonstrate that their U.S. Citizen or Lawful Permanent Resident petitioning relative will suffer extreme hardship if the applicant is not allowed to return tot he United States.

USCIS reviews a variety of factors to determine whether the applicant has successfully demonstrated extreme hardship tot heir US citizen relative. the application is purely discretionary which means that USCIS is not required to approve your application if their do not believe that the hardship that will be suffered qualifies as ‘extreme’ hardship.

Immigration Attorney Michelle Lee Hornsby has extensive experience working with families going through the hardship application process. Contact Elevated Family Law today for a free consultation and let us determine if you are eligible to apply and how we can help you prepare a strong hardship waiver application. We are dedicated to helping families stay together.


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