601A- Unlawful Presence
Image a woman illegally entered the United States from a foreign country and married a U.S citizen. Once married, the husband files a petition so his wife can become a lawful permanent resident. Unfortunately, the wife is considered inadmissible because she’s been unlawfully present in the country for too long.
Without a 601A waiver, this woman may be forced to wait years before she is able to enter the states lawfully. If a foreign citizen is applying for lawful permanent residence, a 601A waiver is crucial if they are considered inadmissible by the United States government.
Houston, TX Immigration Attorney
The American immigration system is far too complicated to go through without the guidance of an attorney. When applying for a green card with a 601A, there is a lot of paperwork that needs to be completed. One simple mistake and you can be barred from returning to the U.S for years.
The immigration department at The Gonzalez Law Group will ensure all the necessary documentation and evidence is provided to prove you deserve to be an American citizen. We want to be with you every step of the process. Schedule a time to speak with The Gonzalez Law Group. Call (832) 530-4070 or submit your information in the online contact form.
The Gonzalez Law Group has over 70 years of collective experience assisting clients with immigration issues in communities across Harris County including Houston, Pearland, Fresno, Channel View and many others.
In 2013, the United States Department of Homeland Security enacted a regulation that allows certain individuals with too much unlawful presence the opportunity to gain a green card.
Before the waiver, the only way applicants with too much unlawful presence could gain legal reentry was to depart from the states, attend an immigration interview in their home country, be found inadmissible, apply using a different waiver and wait for an answer. This process could take months and lead to long periods of families being separated. If the waiver were denied, an applicant would have to wait three to 10 years before returning to the U.S.
Now, foreign citizens who depart the U.S for an immigration interview at a U.S Embassy or Consulate in their home country can return to the states within a few days or weeks.
There are many reasons a green card applicant could be found inadmissible. Maybe you were convicted of a crime, committed an immigration violation or had certain health issues. A 601A waiver was created to handle one ground of inadmissibility: too much unlawful presence.
You can file a 601A if you meet the following requirements:
- Are currently in the states
- At least 17 at the time of filing
- Have an immigration visa case pending with the Department of State (DOS) because you:
- Are the main beneficiary of an approved I-130, I-140 or I-360
- Have been selected by the DOS to participate in the Diversity Visa Program
- You are the spouse or child of the main beneficiary of an approved immigration visa, Diversity Visa Program selectee and are in the process of obtaining your immigration visa.
- Believe you will be inadmissible for unlawful presence in the United States that was:
- Less than a year but more than 180 days in a single stay
- A year or more in a single stay
If you are eligible to file a 601A waiver, you will be required to submit numerous forms of evidence with your application. Failing to do so can result in the United States Citizenship and Immigration Services rejecting or denying your application.
Evidence that may need to be submitted with a 601A waiver include:
- Approval of immigration visa petition notice or print out of DOS electronic Diversity Visa status check
- Copy of administrative closure order issued by the Executive Office for Immigration Review
- Copy of approval notice from USCIS if subject to an administratively final order of removal, exclusion or deportation.
- Receipt for immigration processing if seeking I-130, I-140 or I-360.
- Proof of relationship to qualifying relative is seeking a visa based on family-sponsored immigration
- Proof of citizenship or lawful permanent residence of qualifying relative if seeking a visa based on family sponsorship
- Evidence to support the claim relatives would suffer extreme hardship if refused admission to the U.S.
You are not required to submit all forms of evidence. The evidence you submit will depend on the type of visa you are applying for with the 601A waiver. An immigration attorney can help you decide what evidence is needed based on your application.
601-A Application Checklist – Follow this link to find out what you need for a 601-A waiver. You can find out information frequently missed on application and the required documents.
601A– Follow this link to learn more about the waiver for provisional unlawful presence. You can see how much it will cost to file the waiver, where the form can be filed and an application checklist. The information can be found on the U.S Citizenship and Immigration Services official website.
Harris County Immigration Lawyer
The immigration team at The Gonzalez Law Group is here to answer questions and help you understand the complex immigration system in the United States. We will help you strategize the best course of action to achieve your immigration goals while simultaneously making sure your family remains together.
Call (832) 530-4070 to schedule a free consultation. The Gonzalez Law Group assist clients with immigration issues in all communities in Harris County.