Insights

Episode 38: A Challenging I-601A Waiver


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The I-601A Waiver allows certain immigrant visa applicants who are currently in the U.S. to apply to for an unlawful presence waiver before they leave the U.S. to attend their Consular Interview.

This waiver was created in March 4, 2013 and was designed to promote family unity and allow those whom have resided with their families in the U.S., and who would otherwise be ineligible for adjustment of status. On August 29, 2016 this waiver process was expanded to all individuals statutorily eligible for an immigrant visa including immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees; who only need a waiver of inadmissibility due to unlawful presence.

In order to qualify for an I-601A Waiver, you must demonstrate that the denial of the waiver or the refusal of admission to the U.S. would cause extreme hardship to your U.S. Citizen or Lawful Permanent Resident Spouse or Parent.

Insights is presented to you by Tsang and Associates, a boutique international law firm that solves legal problems with creative solutions. 

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