At the Law Offices of Sabrina Li, we are proud to share another success story that underscores our dedication to crafting innovative legal strategies. In this case, we successfully assisted a client with his I-601A waiver, overcoming inadmissibility by demonstrating the extreme hardship their lawful permanent resident parents would face. We are excited to share this story with you.  

Challenge: Addressing RFE for I-130 Due to Birth Certificate Errors

Our client came to us in 2021 after receiving a Request for Evidence (RFE) on his I-130 petition, which had been filed by his mother in 2015. The RFE questioned the mother-son relationship due to errors in the client’s birth certificate.

We meticulously prepared a response to USCIS, presenting robust evidence to establish the familial relationship. Thanks to our detailed approach, the I-130 petition was approved within the same year. However, this approval was just one step in our client’s journey toward obtaining permanent residence.

Impressed with how we resolved his I-130 case, the client retained our firm to navigate the next steps in his complex immigration journey.

Background: A Complicated Immigration History

The client initially arrived in the United States in 2007 as an F-1 student but stopped attending school after filing an asylum application with USCIS in 2008. Unfortunately, his asylum application was denied, and he was placed in removal proceedings. His immigration court case was later administratively closed as a matter of prosecutorial discretion.

The Major Hurdle: A Ten-Year Bar

While the I-130 approval was a positive development, our client faced a significant obstacle. Due to his expired student status and denial of asylum, he had accrued more than a year of unlawful presence in the United States.

Under INA 212(a)(9)(B)(i), noncitizens who accrue more than 180 days of unlawful presence and depart the U.S. face a three-year bar, while those with over a year face a ten-year bar. Because our client was over 21 years old and his parents were legal permanent residents, we knew he would not be eligible to adjust his status inside the United States. Instead, he would be required to process at the U.S. consulate in his home country, which risked triggering this bar.

Proactive Solution: Filing a Provisional Unlawful Presence Waiver

To address the ten-year bar, our team quickly filed a provisional unlawful presence waiver (Form I-601A). This waiver allows eligible individuals to obtain a waiver of inadmissibility before departing the United States, minimizing the risk of being barred from returning.

We demonstrated that our client’s elderly parents, both lawful permanent residents, would face extreme hardship without his physical, financial, and emotional support. This included extensive evidence of their medical conditions and dependence on the client.

Outcome: Waiver Approval and a Path Forward

Our client was overjoyed when his waiver was approved. With this significant hurdle cleared, he is now preparing to finalize his case at the U.S. consulate in his home country, confident that he will soon reunite with his family as a lawful permanent resident.

What is I-601 A, Provisional Unlawful Presence Waiver?

The I-601A, Provisional Unlawful Presence Waiver, is a form used by certain immigrant visa applicants to request a waiver of the unlawful presence grounds of inadmissibility under the Immigration and Nationality Act (INA) section 212(a)(9)(B). This waiver is intended for individuals who are relatives of U.S. citizens or Lawful Permanent Residents (LPRs) and who need to depart the United States to attend an immigrant visa interview at a U.S. Embassy or Consulate abroad. The waiver allows them to address the inadmissibility issue before leaving the U.S., thereby reducing the time they are separated from their family members.

To be eligible, the applicant must:

• Be at least 17 years old
• Be physically present in the U.S. to file the Form I-601A application and complete biometrics
• Be in the process of obtaining their immigrant visa, and have a case pending
• Demonstrate that denial of admission would result in extreme hardship to a U.S. citizen or permanent resident relative.
• Not be in pending removal proceedings or proceedings that have not been administratively closed.
• Not have a final order of removal, exclusion, or deportation

The waiver is only applicable if unlawful presence is the sole ground of inadmissibility. If other grounds are identified during the visa interview, the waiver may be revoked, and the applicant may need to apply for a new waiver.

The Law Offices of Sabrina Li: Looking Towards Your Future

If you or someone you know is facing a challenging immigration situation involving unlawful presence, we’re here to help. At the Law Offices of Sabrina Li, we specialize in navigating complex immigration waiver applications. Contact us today at (213) 375-8096 or email us at info@sabrinali.law for expert guidance. We’re committed to achieving positive outcomes for our clients.