I-601A Waivers


Top Waivers Lawyer In Arizona

We have been able to help many clients be successful with their waiver applications. These waivers are known to be a great option in certain marriages where one spouse in the relationship entered without documentation. The I-601A waiver forgives illegal or unlawful presence here in the United States and waives the 3 year or 10 year penalty that requires someone to wait outside the U.S. for that many years before they can get residency. It’s a great honor and pleasure to have the opportunity to be able to help people obtain lawful permanent resident status.

Our team is dedicated to preparing very strong waiver applications that when approved allow families to be together permanently without fear. We would be happy to help you in this type of case. If you would like to know more information or would like a consultation that is absolutely free, please do not hesitate to contact us.

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    Affordable Fees

    We are proud to offer free consultations for our clients. Just call 602-888-CODY today and we will explain and walk you through the process today. You will notice that we are dedicated to helping people and we love to look for positive solutions.

    We work hard in order to make sure our clients have affordable payment plans as well as fees. Pick up the phone and find out just how affordable the process can be.

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    What's Next after Approval?

    After the waiver has been approved, certain documents must be sent to the National Visa Center so that the interview, which will take place at the consulate of the applicant’s home country, can be scheduled. One of these documents is the I-864 Affidavit of Support. The purpose of I-864 form is essentially to demonstrate that the applicant has adequate means of financial support and is not likely to become a financial burden on the government. If the petitioner does not have enough income and/or assets in order to maintain the applicant at 125% of the federal poverty guidelines, then a joint sponsor who meets the requirements may submit a Form I-864. All Sponsors must be living in the United States, at least 18 years of age, and be a citizen or lawful permanent resident.

    After the interview at the consulate has been scheduled, the applicant will leave the United States to their home country to attend the visa interview. Also, before the interview the applicant is required to have a medical appointment with an authorized physician in the country where they will be interviewed. At the interview, a consular officer asks the applicant various questions in order to ensure eligibility for an immigrant visa (green card).

    Everything goes very smoothly almost every time. Your attorney will let you know what to expect at the interview. Sometimes you have to apply for a waiver and your attorney will let you know ahead of time if you are likely to need one. We know many of you have not been to your home country for a long time, or you may not have been old enough to even remember it, but rest assured you will be fully prepared for this interview.

    If in the case that the individual is found to be out of status in the United States (starting 4/1/1997) for more than 1 year, leaves the U.S., and then re-enters (or attempts to re-enter) the U.S. without documents or permission, then they will not be eligible for the I-601A waiver. This means that a person must be in the United States to apply for an I-601A waiver. An individual will also be ineligible for an I-601A waiver if they have been convicted of a controlled substance (“drug”) offense or a crime of moral turpitude. A crime of moral turpitude generally is a crime which has the intent to steal or defraud as an element, or a crime in which an intentional act caused bodily harm. A person will also be ineligible for the I-601A waiver if he or she entered the United States with false or fraudulent documents or claimed to be a United States citizen.

    What Now

    Requirements For I-601A Waivers

    As previously stated, the I-601A waiver forgives unlawful presence in the United States. Meaning that the applicant would only need to leave the United States to attend the visa interview which would be conducted at a U.S. consulate in their respective home country. This I-601A waiver allows the applicant to wait in the United States while their waiver application is being processed, as opposed to previously where the person had to apply for it and wait for a decision from outside the U.S.. An individual will only be eligible to qualify for the I-601A waiver if the individual has a United States citizen or Lawful Permanent Resident spouse or parent.

    The first step in applying for an I-601A waiver is the I-130 family petition. The purpose of the I-130 petition is to classify the immigrant beneficiary/applicant as a relative of the petitioner. When an I-130 application is approved it simply means that United States Citizenship and Immigration Services (USCIS) is satisfied that the applicant is the spouse or child of the petitioner. In order to establish that there is a relationship, there must be proof that the marriage is a legitimate marriage, not done solely for immigration purposes. This can come in many forms including filing taxes together, bills at the same address, bank accounts together, rental leases together, or pictures. The I-130 filing fee is $535 and takes typically 6-9 months depending on current processing times.

    After the I-130 family petition has been approved, the petition will be forwarded to the Department of State which is when two fees can be paid to the National Visa Center. The two fees are $120 and $325 and they are for the immigrant visas.

    After the National Visa Center fees are paid, the waiver can now be submitted. In order for an individual to be approved for an I-601A waiver, the applicant must be able to demonstrate that if they are not allowed into the United States, it will cause “extreme hardship” to their qualifying relative, which would be a United States citizen or Lawful Permanent Resident spouse or parent. This includes evidence of financial, medical, educational, and emotional conditions. The filing fee is $715 and takes about 8 to 12 months depending on current processing times.