Provisional Unlawful Presence Waiver Attorney in Hackensack, New Jersey

A provisional unlawful presence waiver makes it possible to remain in the U.S. even if you overstayed your visa or were in the country illegally. If you do not apply for the waiver in time, you could be forced to leave the country and be barred from reentering.  

Consider applying for a provisional unlawful presence waiver, also known as I-601A. However, not everyone is eligible to apply for the waiver. Even if you think you are eligible, your application could be denied, and you would be placed into removal proceedings.  

Contact an immigration law attorney at William J. Quirk, Esq., LLC, to discuss your options for a provisional unlawful presence waiver. William Quirk can help you determine if you meet the eligibility requirements for a waiver and can help you navigate the application process. With an office in Hackensack, New Jersey, the law firm helps immigrants and their families achieve their goals throughout the state, including Paterson, Clifton, and West New York areas.

Understanding a Provisional Unlawful Presence Waiver   

If an immigrant overstays their visa or enters the U.S. illegally and cannot adjust their status, they must leave the country voluntarily or involuntarily. After leaving the U.S., the immigrant can apply for a visa from abroad. However, in such situations, the immigrant may be barred from re-entry for up to 10 years due to their unlawful presence in the U.S. 

Obtaining a provisional unlawful presence waiver may allow the immigrant to provisionally have their inadmissibility for unlawful presence waived to overcome the bar from re-entry. However, unlawful presence waivers are available only to eligible applicants.  

Eligibility Requirements   

As mentioned earlier, you must meet specific eligibility requirements in order to obtain a provisional unlawful presence waiver: 

• You are currently in the U.S. and are able to file Form I-601A and provide biometrics; 

• You must be at least 17 years old; 

• Your immigrant visa case is currently pending with the Department of State based on being selected for the Diversity Visa (DV) program, being a spouse or child of a DV Program selectee, being the principal beneficiary of an approved Form I-140, Form I-130, or Form I-360, or being the spouse or child of a principal beneficiary of an immigration visa petition that has been approved;  

• You can prove that your inadmissibility to the U.S. would cause extreme hardship to your spouse or parent who is a U.S. citizen or lawful permanent resident;  

• You would be inadmissible only because your unlawful presence period lasted over 180 days or longer during a single stay; and 

• You meet other eligibility requirements to obtain a provisional unlawful presence waiver.  

Essentially, there are three primary conditions that could make you ineligible for a provisional unlawful presence waiver: 

1. You do not meet one or more of the eligibility requirements outlined above;  

2. You are subject to any grounds of inadmissibility other than unlawful presence; or 

3. You are subject to ongoing removal proceedings.  

Reach out to a provisional unlawful presence waiver attorney in Hackensack, New Jersey, to discuss your particular situation and determine if you meet the eligibility requirements to apply for the waiver.  

Application Process   

To begin the application process, you need to fill out and file Form I-601A. Make sure that you follow the instructions when filing the form because USCIS will reject applications that are not complete and not accompanied by filing and biometric fees.  

Once you complete Form I-601A, you need to mail it to the USCIS Chicago Lockbox. The next step is to wait for USCIS to send you a notice telling you to provide biometrics at an Application Support Center (ASC).  

The application process involves many legal nuances that should be taken care of to increase your chances of a favorable outcome. That is why you’ll need a skilled immigration law attorney on your side to help you fill out and file Form I-601A to obtain a provisional unlawful presence waiver.