I-601A Provisional Waivers

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I-601A Provisional Waivers
Immigration Attorney Carl Shusterman
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Who Needs a Waiver?

• Inadmissible Unlawful Presence (UP), Fraud,
  Convictions, etc.
• New Policy Applies to Those Who Only Need UP
  Waiver
• New Policy Applies To Those Who Need to Apply for
  LPR Status Abroad
• Starts on March 4,  2013

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Purpose of the New Policy

• To Prevent Prolonged Separation of Families
• Allows Persons to Apply for Waivers in the US
• Does Not Apply to Those in FB and EB Preference
  Categories

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Are You Eligible?

• Immediate Relatives
• Entered US Without Inspection (C-1, K-1, etc.)
• Ineligible to Adjust Status in US
• At Least 17 Years of Age

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Which Bars Does New Policy Apply To?

• 3-Year Bar
• 10- Year Bar
• Not to Permanent Bar

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How Do I Qualify for an I-601A Waiver?

• Show Extreme Hardship to Qualifying Relative
• What is Extreme Hardship?
• Who is a Qualifying Relative?

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What Can I Do if My I-601A Waiver is Denied?

• No Appeals
• No Motions to Reopen/Reconsider
• However, You Can Refile Your I-601A

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What Are My Chances of Having My Waiver Approved?

• I-601s Have a 34 Denial Rate
• Dont Try to Do This on Your Own
• Dont Use a Notario or Consultant
• Hire an Experienced Immigration Attorney

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Where Can I Find More Information on I-601A
Waivers?

• See Our I-601A Frequently Asked Questions Page
  http//shusterman.com/2013/01/i-601a-provisional-w
  aiver-faq.html
• See the USCIS website http//www.uscis.gov/portal/
  site/uscis/menuitem.5af9bb95919f35e66f614176543f6d
  1a/?vgnextoiddc9af51016bfb310VgnVCM100000082ca60a
  RCRDvgnextchannela2dd6d26d17df110VgnVCM100000471
  8190aRCRD
• See State Department website http//travel.state.g
  ov/visa/immigrants/nvc/nvc_5837.html