The Law Offices of Sabrina Li is delighted to share another success story from our practice.  

Client’s Priority Date Becomes Current After a Long Wait

Our client sought guidance for the next phase following the National Visa Center's (NVC) notification that his priority date was now current. His then 79-year-old mother, a United States citizen, had filed an I-130 petition for him, which had been approved. After years of waiting, the priority date of this approved I-130 finally became current. Although it seemed he was closer to the finish line of becoming a legal permanent resident, he was afraid because he had been living in the United States without legal status for sixteen years.

Confronting a Complex Immigration History

The client's case was difficult as he had a complex immigration history, including previous denials, accusations of fraud, and had even been placed in removal proceedings. We knew the best step for him was to proceed under his mother's I-130; however, that would require him to finalize his process by attending an interview at a consulate in his home country. We knew this could be tricky in light of his overstay and history with alleged fraud.

Strategic Legal Action: The Path Forward with a Successful Provisional Waiver

After a thorough review of his immigration history, we found the immigration judge had determined that no fraud was present in our client's previous immigration petition. This alleviated our concerns about potential inadmissibility due to fraud or material misrepresentation. The sole inadmissibility issue our client faced was due to unlawful presence. Over 20 years ago, he entered the U.S. as a nonimmigrant B-1 visitor for business, with authorization to remain until December 30, 2003, but he overstayed well beyond that date.

Our firm filed an I-601A provisional unlawful presence waiver to allow him to attend a consular interview without the fear of being banned from the United States for a period of ten (10) years. In filing the I-601A, we established that the client’s mother required his physical and financial assistance in the US due to her advanced age and medical conditions. We also relayed the client’s past immigration history and demonstrated that he was nevertheless eligible for the waiver.

Our conscientious efforts paid off when the client’s I-601A waiver case received approval. Our client is now free to schedule and attend his consular interview without the fear of being barred from entering the United States for ten years!  

Navigating I-601A waiver

Section 212(a)(9)(B) of the Immigration and Nationality Act (INA) defines unlawful presence for a foreign national as any time present in the United States after the expiration of an authorized period of stay or presence without being admitted or paroled. The section also declares that anyone having accrued more than 180 days, but less than one year, of unlawful presence, and who voluntarily departs the United States will be inadmissible for a period of three years. Persons who have accrued more than one year of unlawful presence, and who voluntarily depart, will be inadmissible for 10 years.

The purpose of the I-601A waiver, also known as the Provisional Unlawful Presence Waiver, is to allow certain immigrant visa applicants who are relatives of U.S. citizens or Lawful Permanent Residents (LPRs) to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act (INA) section 212(a)(9)(B) before they depart the United States to appear at a U.S. Embassy or U.S. Consulate for an immigrant visa interview.  

This waiver reduces the risk associated with departing the United States and triggering the 3-year and 10-year bars because the applicant’s waiver application is adjudicated prior to departure.

To qualify for an I-601A waiver, the applicant must:

• Be physically present in the United States to file the application and provide the biometrics
• Be 17 years of age or older
• Have an immigrant visa petition pending with the Department of State (DOS) as the principal beneficiary of an approved I-130 (Petition for Alien Relative), an approved I-140 (Petition for Alien Worker), or an approved I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)

The Law Offices of Sabrina Li: Your Advocates for I-601 A Waiver and Beyond  

If this narrative resonates with you or someone close to you, the Law Offices of Sabrina Li is prepared to extend our professional expertise. Our track record of securing I-601 A waivers is a reflection of our strategic preparation and passionate representation. Reach out to us at (213) 375-8096 or via email at info@sabrinali.law for the legal support you need. We are your unwavering advocates, dedicated to guiding you towards achieving your American Dream.