.png){kind=logo}
Navigating the Complexities of Unlawful Presence and Waivers
Unlawful presence in the United States can lead to serious consequences for immigrants, including the imposition of a bar from re-entering the country for a specified period. Fortunately, there are legal remedies available, such as the I-601 and I-601A application waivers, which can help individuals overcome these barriers. At Barrera Legal Group, we specialize in guiding clients through the complex waiver process, ensuring that their cases are handled with the utmost care and expertise.
Understanding the Bar Based on Unlawful Presence
The bar based on unlawful presence is triggered when an individual has been unlawfully present in the United States for more than 180 days but less than one year, resulting in a three-year bar, or for one year or more, resulting in a ten-year bar. This bar is imposed when the individual departs the United States, making it crucial to address before attempting to re-enter the country.
The I-601 Application Waiver: For Those Outside the U.S.
The I-601 application waiver, also known as the Application for Waiver of Grounds of Inadmissibility, is used when an individual is applying for an immigrant visa or certain nonimmigrant visas and has already left the United States. This waiver can be filed to request forgiveness for various grounds of inadmissibility, including unlawful presence, criminal convictions, or health-related issues.
We discuss the other grounds of inadmissibility here.
When to Use the I-601 Application Waiver:
The applicant is outside the United States.
The applicant has already triggered the bar due to unlawful presence by leaving the U.S.
The waiver is needed to overcome inadmissibility for various grounds, not just unlawful presence.
Eligibility Criteria for I-601:
The applicant must demonstrate extreme hardship to a qualifying relative (U.S. citizen or lawful permanent resident spouse, parent, or child) if the waiver is not granted.
The I-601A Application Waiver: A Provisional Unlawful Presence Waiver
The I-601A waiver, commonly known as the Provisional Unlawful Presence Waiver, is designed for individuals who are in the United States and need to leave the country to obtain an immigrant visa. This waiver allows them to apply for forgiveness for unlawful presence before they leave the U.S., reducing the risk of being barred from re-entry.
When to Use the I-601A Application Waiver:
The applicant is currently in the United States.
The applicant needs to leave the U.S. to obtain an immigrant visa but wants to secure a waiver before departing.
The waiver only addresses the ground of inadmissibility based on unlawful presence.
Eligibility Criteria for I-601A:
The applicant must be physically present in the United States.
The applicant must have an approved immigrant visa petition (e.g., I-130) and a pending immigrant visa case with the Department of State.
Like the I-601, the applicant must demonstrate that their U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if they are not allowed to return to the U.S.
How Barrera Legal Group Can Help
At Barrera Legal Group, we have extensive experience helping clients navigate the complexities of the I-601 and I-601A waiver processes. Our team will work closely with you to gather the necessary documentation, build a strong case, and ensure that your waiver application is submitted correctly. We understand the emotional and financial stress these situations can bring, and we are committed to providing the support and guidance you need every step of the way.
Contact us today to learn how we can help you or your loved ones overcome the barriers to re-entering or remaining in the United States.