Green Card Through Marriage And I-601A Provisional Waiver

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US I-601A Provisional Waiver lawyer Alena Shautsova discusses paths to green card through marriage with the help of the I-601A Provisional Waiver available from March 4, 2013.

Provisional Waiver can help EWI to Receive Green Card

I-601A Provisional Waiver Attorney


I-601A Provisional Waiver Attorney can help families to stay united.

Many undocumented immigrants in the United States have United States citizen spouses. However, even marriage to a US citizen does not give them any immigration status because they entered the country illegally by crossing the border without inspection or admission. As a result, under the Immigration and Nationality Act, they cannot adjust their status to one of a permanent resident while in the United States. The best current option for them in many cases is to leave the country and apply for an Immigrant visa from their home country. However, at the time they leave the country, they become inadmissible due to the unlawful stay bar and require a waiver to come back. An extreme hardship waiver attorney can certainly do a great job and help those people to return to the United States, but the application process takes months and years during which the families stay separated.

On March 4, 2013, the new rules regarding I-601A Provisional Waiver will come into effect. The I-601A waiver will allow applying for the waiver of unlawful presence and waiting for its results without leaving the country. An applicant will still have to demonstrate an extreme hardship that will be suffered by the US citizen spouse if the applicant is deported. Also, after the waiver is approved, the applicant will still have to leave the country to get the Immigrant visa in the consulate, but, hopefully, the trip will be counted in days, not in months or years.
The qualifications for the I-601A Provisional Waiver are as follows:

1.    Marriage to a US citizen;
2.    Approved immigrant petition filed on the applicant’s behalf;
3.    Admissibility to the US on all other grounds (absence of criminal convictions for example);
4.    Ability to demonstrate extreme hardship to the US citizen.

The I-601A Provisional Waiver will be available not only for the spouses of the US citizens but other immediate relatives as well: parents and children. An applicant has to be at least 17 years of age. An applicant shall not be in immigration proceedings, or such proceedings have to be administratively closed.

If the I-601A application is denied, the applicant will not be able to file an appeal. That is why it is very important to file the application correctly with the strongest evidence possible. The success will depend on how well an applicant can demonstrate the length and strength of the relationship with the US citizen; how explicit and strong the evidence of medical, emotional, and financial hardship will be.

Law office of Alena Shautsova is a full service New York Immigration law firm located in Brooklyn, New York; our I-601A Provisional Waiver attorneys will fight for your immigration status; we fight for your dreamed entry Into the United States of America and ability to live without pressure of being deported; we take the worries regarding your US immigration status out of your life; call us today 917-885-2261.

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