USA Immigration and the I-601A Waiver
The I-601A Waiver is a provision in the Immigration and Nationality Act (INA) that allows certain immigrants who entered the U.S. without being admitted or overstayed to request a waiver of their unlawful presence. This waiver is commonly referred at as forgiveness for entering without authorization or for overstaying. Those who qualify may include relatives (spouses and children) of U.S. citizens or permanent residents.
In 2016, the category of persons eligible for an I-601A Waiver was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States. Prior to 2016, an immigrant who was over the age of 18 and overstayed in the U.S. for 180 days or more, but less than 365 days, was barred from returning to the U.S. for three years. An applicant who overstayed for more than a year could be barred for ten years. An immigrant who attempted to return to the USA could be barred permanently. After 2016
Entering the USA without authorizatiob or unlawful presence may result in serious consequences. A rumour that circulates that an ancho baby will sheild you from the consequences if illegal entery and unlawful presence. This is not the case. The greatest tragedy of unlawful presence or unlawful entery is when a child is separated from a parent as a result.
An I-601A may prevent the harsh consquences of unlawful entry and unlawful presence. However, there are some strict requirements in qualifying for the waiver. The process is not simple.
An immigrant can apply for an I-601A provisional waiver from inside the U.S.. The immigrant is not required to leave the U.S. until a consular interview in the country of origin has been scheduled.
The I-601A Provisional Waiver ONLY waives the illegal entery or unlawful presence. It DOES NOT waive any other events or actions on the part of the immigrant that may require an additional waiver.
To know whether you qualify for an I-601A Provisional Waiver it is vital that you speak with an experienced immigration attorney. Kyndra L mulder, Esquire has this experience.
