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The I-601A waiver

Posted by attorney Alexus Sham

The I-601A waiver has generated a lot of questions by foreign nationals. It is important to note that this waiver is only for unlawful presence and still requires the foreign national to possibly obtain the green card in the foreign national's home country. Some of the basic requirements are that the person be at least 17 years old , have an I-130 or I-360 petition that has been approved, have paid the required fee for Department of State processing, and most importantly can prove that a refusal of admission would create an extreme hardhsip for a U.S. citizen spouse or parent.

As is the case with all waivers, it is necessary to hire an immigration attorney to assist you with the process. This waiver only applies to unlawful presence, so if the foreign national has a criminal record or other issues that may affect inadmissibilty , this is not the appropriate waiver.

Extreme hardship is difficult to establish and requires a lot of documentation. Each case is fact specific and the documents will vary. So this waiver can help some foreign nationals. However, the foreign national must attend the interview scheduled at the United States consulate. It is important to repeat that a successful waiver application will require the assistance of an attorney.

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