Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
U.S. Citizen Petitioning for their Spouse with Provisional
Unlawful Presence Waiver (I-601A)
U.S. Citizens (USC) Can
Petition For
● Their parents
● Their siblings
● Their spouse
● Their children (unmarried and
under...
U.S. Citizens (USC)
Petitioning For Spouse
● To petition for their spouse, a USC
must demonstrate they are a USC
and prove...
If The Spouse Is In Another
Country
The immigrant spouse should not need a
waiver and might be able to come to the
U.S. as...
Waivers for Immigrant Spouse
in the U.S.
An immigrant spouse most likely will
need an unlawful presence waiver to
become a...
What is a Provisional Unlawful
Presence Waiver (I-601A)?
For a spouse of a USC, an I-601A
waiver is needed for an individu...
Who qualifies for a waiver?
To qualify for an unlawful presence
waiver, the applicant must show
extreme hardship* to their...
Can I use my child as a
hardship?
Even though an undocumented
immigrant may have a USC child,
the immigrant will not be ab...
Benefits of the Provisional Unlawful Presence Waiver
The provisional unlawful presence waiver is a benefit because previou...
Disclaimer
This powerpoint is for educational purposes only and should not be considered legal advice.
All USC spouses sho...
751 Silver St,
Room 113
Houston, TX 77001
(713) 861-2725
Upcoming SlideShare
Loading in …5
×

U.S. Citizen Petitioning for their Spouse with Provisional Unlawful Presence Waiver (I-601A)

507 views

Published on

“Can I file an I-601A immigration waiver for my spouse?” FValdezLaw has compiled this deck to provide general information on the Provisional Unlawful Presence Waiver (I-601A) for U.S. Citizens applying for a spouse. This includes a breakdown on spousal petitions and who may qualify for this waiver and other info you will need when deciding whether to apply for the I-601A stateside immigration waiver for a spouse.

Have a suggestion for additional immigration law topics? Let us know!

Website: http://fvaldezlaw.com
Facebook : https://www.facebook.com/FValdezLaw/
Twitter: https://twitter.com/fvaldezlaw
LinkedIn: https://www.linkedin.com/company/567563
YouTube: https://www.youtube.com/channel/UCUrEkDM1oFUSMEUcTvAfbUg

DISCLAIMER: The content of this powerpoint is not intended to substitute specific advice which is relevant to all of the facts and circumstances of your unique case. FValdezLaw recommends you seek a detailed legal consultation for that purpose.

Published in: Law
  • Be the first to comment

  • Be the first to like this

U.S. Citizen Petitioning for their Spouse with Provisional Unlawful Presence Waiver (I-601A)

  1. 1. U.S. Citizen Petitioning for their Spouse with Provisional Unlawful Presence Waiver (I-601A)
  2. 2. U.S. Citizens (USC) Can Petition For ● Their parents ● Their siblings ● Their spouse ● Their children (unmarried and under 21) ● Their sons and daughters (over 21; unmarried and/or married) USCs Can Petition For
  3. 3. U.S. Citizens (USC) Petitioning For Spouse ● To petition for their spouse, a USC must demonstrate they are a USC and prove they have entered into a valid marriage. (Through Form I-130) ● The marriage must be valid in the place where it occurred. ● Same-sex marriage is now authorized throughout the U.S. and counts for immigration purposes. Frida and Diego have been married for 24 years and have 3 kids. Frida wants to petition for Diego. USCs Can Petition For
  4. 4. If The Spouse Is In Another Country The immigrant spouse should not need a waiver and might be able to come to the U.S. as a lawful permanent resident (LPR) through a process called consular processing if the immigrant spouse: ● Lives in another country ● Has never overstayed a visa ● Has never acquired unlawful presence in the U.S. ● Does not have a ○ Criminal history, ○ Deportation history, ○ Or other issues. Magdalena and Carmen were married in Coyoacan, Mexico. Magdalena has never entered the U.S. Does Magdalena need a waiver? USCs Can Petition For
  5. 5. Waivers for Immigrant Spouse in the U.S. An immigrant spouse most likely will need an unlawful presence waiver to become a lawful permanent resident in the future, if the immigrant spouse: ● Is in the U.S., ● Entered the U.S. without permission, and ● Stayed in the U.S. without permission for 6 months or more since their 18th birthday. Is a Waiver Needed? Diego entered the U.S. without inspection. He has been living undocumented in the U.S. for 26 years. Will he need a waiver?
  6. 6. What is a Provisional Unlawful Presence Waiver (I-601A)? For a spouse of a USC, an I-601A waiver is needed for an individual who entered the U.S. without inspection and has stayed in the U.S. without permission for 6 months or more, since their 18th birthday. (See disclaimer for information on 245(i) exception) Waiver Needed Frida and Diego have been married for 24 years and have 3 kids. Frida wants to petition for Diego. He needs a waiver.
  7. 7. Who qualifies for a waiver? To qualify for an unlawful presence waiver, the applicant must show extreme hardship* to their U.S. Citizen (USC) or Legal Permanent Resident (LPR) parent or spouse.** *The undocumented immigrant in this situation must show that they have a USC or LPR parent or spouse. **If the undocumented immigrant does not have a parent or spouse that is a USC or LPR, they cannot apply for an unlawful presence waiver. Qualifying Relative Magdalena has a USC spouse and parent. She can file with either her wife or mom.
  8. 8. Can I use my child as a hardship? Even though an undocumented immigrant may have a USC child, the immigrant will not be able to become an LPR until they are able to waive the 10 year bar from entering the U.S. USCs Can Petition For The law does not allow an undocumented parent of a USC son or daughter to use their child as a qualifying relationship for the I-601A.
  9. 9. Benefits of the Provisional Unlawful Presence Waiver The provisional unlawful presence waiver is a benefit because previously individuals could only ask for waivers while in their home country. They often had to wait long periods of time to get an answer and if they were denied they could not come to the U.S. lawfully without waiting 10 years. The applicant will ultimately have to return to their home country to complete the process. However, they will have an adjudication on their waiver before returning to their home country. They should only leave the U.S. with an approved I-601A.
  10. 10. Disclaimer This powerpoint is for educational purposes only and should not be considered legal advice. All USC spouses should consult with an attorney before deciding to petition for their immigrant spouse. If the immigrant spouse entered legally, they may be eligible for Adjustment of Status. If the immigrant spouse was the beneficiary or derivative of a petition filed on or before April 30, 2001, they might have other options besides an I-601A. If the spouse needs a waiver, make sure they have a qualifying relative and that they can show extreme hardship. Every case is different! Criminal issues, immigration history, multiple entries/exits, and many other issues can make a case extremely complex. The government also has discretion to approve or deny cases. Do not file paperwork without consulting with an experienced immigration attorney or BIA accredited representatives.
  11. 11. 751 Silver St, Room 113 Houston, TX 77001 (713) 861-2725

×