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TurkishApplication for Provisional Unlawful Presence Waiver
Qualifying immediate relatives including a United States Citizen spouse or parent must file Form I-601A in order to seek a waiver of unlawful presence on behalf of their alien relative based on grounds of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). This means that if the immigrant needs to return to their native country to obtain a visa and if they have lived in the US without status they would need this kind of waiver in order to return. Luckily, this waiver can be applied for before the immigrant leaves the US.
To be eligible, the undocumented individual must be a) the beneficiary of an approved Form I-130 Petition for Alien Relative or Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant b) at least 17 years of age at the time of filing c) are physically present in the United States, and d) have accrued unlawful presence for a period of 180 days or more but less than one year for a single stay as required by INA section 212(a)(9)(B)(i)(I)) or for a period of one year or more for a single stay as required by (INA section 212(a)(9)(B)(i)(II). You cannot file the I-601A application with any other applications. If you do, your waiver application will be rejected by USCIS. Once the I-601A provisional waiver is approved, the applicant will need to contact the Executive Office for Immigration Review (EOIR) to obtain an order to dismiss or terminate any removal proceedings. Afterward, the applicant must depart the United States to attend their immigrant visa interview at a U.S. consulate abroad. Failure to do so, will render an I-601A unenforceable. You are not eligible for the I-601A Provisional Waiver if:
- You have a Form I-485, Application to Register Permanent Residence or Adjust Status, pending with USCIS;
- You are in removal proceedings, unless your removal proceedings are administratively closed AND have not been placed back on the Department of Justice, Executive Office for Immigration Review (EOIR), calendar to continue your removal proceedings at the time of filing of Form I-601A. Removal proceedings are not considered terminated until EOIR terminates or dismisses the case. This involves taking your case off of the EOIR calendar for a hearing. If you are unsure if this is the case, please contact the EOIR or consult an accredited attorney to verify this for you.;
- You are subject to a final order of removal, exclusion, or deportation that has been entered or issued against you, or you are subject to reinstatement of a prior order under INA section 241(a)(5);
- DOS initially acted before January 3, 2013, to schedule your immigrant visa interview for the approved immediate relative petition upon which your Form I-601A is based;
- You fail to establish the extreme hardship component to an I-601A provisional waiver application and that your case warrants ‘favorable exercise of discretion’ by providing documented evidence of your good moral character, contribution to your community, ties to the United States, achievements, and other favorable characteristics. In order to qualify, you must establish that refusal to admit you to the United States would result in extreme hardship to your U.S. citizen spouse or parent if the U.S. citizen spouse or parent chooses to remain in the United States without you or chooses to relocate abroad to reside with you outside of the United States. and
- USCIS has reason to believe that you may be subject to grounds of inadmissibility other than unlawful presence under INA section 212(a)(9)(B)(i)(I) or (II) at the time of your immigrant visa interview for consideration of the provisional waiver with a consular officer.
This page is not meant to act as legal advice for your specific case. You should seek the advice of an immigration attorney to review the specific facts of your case as applied to the law.