I-601A Provisional Unlawful Presence Waiver Successfully Secured for Same-Sex Couple
March 29, 2024

Table of ContenTS

At The Law Offices of Sabrina Li, we recently celebrated a significant achievement in securing an I-601A Provisional Unlawful Presence Waiver for a unique case involving a same-sex couple with a notable age difference. We are excited to share the details of this case, underscoring our skill in navigating the complex aspects of immigration law.

Client Seeks Next Steps after I-130 Approval

Our client initially engaged our services for the processing of his I-130 petition. Despite the sparse evidence available and the complexities of navigating age and economic differences within a same-sex marriage, we prepared a robust application that secured fast approval. After his I-130 petition was approved through his U.S. citizen spouse, our client once again sought guidance on the next steps to complete the immigration process and acquire his green card.

Careful Review of the Client’s Record

Several years ago, our client arrived in the United States without a visa and has remained here unauthorized. Anyone who stays in the U.S. illegally for over one year and then leaves the country becomes ineligible to re-enter for a decade. This ineligibility is automatic upon departure, regardless of whether the individual is leaving for consular processing of an immigrant visa. In light of this, our client is at risk of a 10-year re-entry ban when he leaves for his immigrant visa application unless he obtains an approved waiver, specifically an I-601A waiver, which is necessary for his situation. The critical nature of the situation is further stressed by his spouse's serious health issues, which necessitate our client's continued residency in the United States.

Strategic Legal Preparation: Presenting Extreme Hardship

Our legal team has prepared a strong waiver case that highlights the serious medical condition of our client's spouse. This includes the management of an HIV diagnosis with limited medical resources available in Mexico. Our advocacy aims to emphasize the necessity of our client's presence in the U.S. for the well-being of his spouse. The evidence presented to USCIS aims to demonstrate the significant personal and medical implications of our client's situation.

After waiting for over three years, our client and their spouse were immensely relieved and grateful when their waiver was finally approved. This marked a significant turning point in their life together. With the approval in hand, our client can now attend their consular interview with confidence, knowing that there will be no enforced separation or legal obstacles to worry about.

Navigating the I-601A Provisional Waiver: Key for Reuniting Families

The I-601A Provisional Unlawful Presence Waiver serves as an essential instrument for individuals who have relatives that are either U.S. citizens or Green Card holders and who themselves have been present in the U.S. without proper authorization. This waiver functions as a preliminary pardon, permitting these individuals to continue their immigrant visa process.

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

  • be 17 or older.
  • be in the U.S. to apply for the waiver and attend biometric screening.
  • have an ongoing case with the U.S. Department of State.
  • Plan to leave the U.S. for visa acquisition.
  • Must show that being denied entry to the U.S. would cause extreme hardship to your U.S. citizen or U.S. lawful permanent resident spouse or parent.

Applicants must understand that the I-601A waiver addresses the unlawful presence grounds of inadmissibility only. If an I-601A waiver applicant has other grounds of inadmissibility, such as criminal grounds, misrepresentation grounds, or smuggling grounds, they will likely be found inadmissible at the visa interview abroad. In that case, the provisional waiver approval will be revoked, and the applicant will need to apply for a new waiver, given that one is available.

The Law Offices of Sabrina Li: Your Guide Through the I-601A Waiver Process

The Law Offices of Sabrina Li has helped many clients with the complicated process of obtaining I-601A Provisional Unlawful Presence Waivers. If you or someone you know is dealing with the challenges of unlawful presence in the U.S., our experienced attorneys are ready to assist you with the waiver application process. You can reach us at (213) 375-8096 or email us at info@sabrinali.law. We are dedicated to providing the support you need, so please don't hesitate to contact us. We're here to help.

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Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.

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