I-601A Waiver Approved – Daughter Returns as Lawful Permanent Resident After Avoiding 10-Year Bar
June 4, 2025

Table of ContenTS

At the Law Offices of Sabrina Li, we pride ourselves on helping families navigate the difficult immigration challenges with strategic, compassionate legal solutions. This success story involves a young woman who, after unknowingly falling out of status due to a tragic family circumstance, faced a 10-year bar on reentry to the U.S. Our legal team successfully secured an I-601A Provisional Unlawful Presence Waiver, allowing her to return to the U.S. in January 2025 as a lawful permanent resident—a moment of hope and reunification for her entire family.

Case Overview: A Status Violation Rooted in Tragedy

Our client entered the U.S. on an H-4 visa as a dependent of her father, who was working under a valid H-1B and had an approved I-140 petition. After her father's unexpected death from aggressive cancer in 2017, the family—devastated and confused—was left with a complicated immigration case. Due to the failure of their previous attorney to timely file a Form I-539 to extend her status, she fell out of lawful presence as a minor.

Subsequent attempts to adjust status under INA §245(k) and §245(i) were denied. She faced a 10-year reentry bar under INA §212(a)(9)(B)(i)(II) if she departed the U.S. to obtain her immigrant visa abroad. That’s when our office stepped in to help.

Our Legal Approach: Filing a Strong I-601A Waiver Package

Our legal team conducted a meticulous review of the case and advised filing a Form I-601A, Application for Provisional Unlawful Presence Waiver. The applicant’s mother, a U.S. lawful permanent resident, served as the qualifying relative. To meet USCIS’s high standard for “extreme hardship,” we built a comprehensive waiver packet that told a compelling story through legal analysis, medical documentation, and personal declarations.

Extreme Hardship: Protecting a Family’s Health, Stability, and Educational Future Amid Global Uncertainty

In this case, the mother of our client faced a combination of health, emotional, and financial challenges. She suffers from multiple chronic medical conditions that significantly limit her ability to manage daily activities, leaving her heavily dependent on her daughter for daily care and support. Following the loss of her husband, the mother developed serious mental health conditions, including depression and anxiety, with her emotional well-being closely tied to her daughter’s presence. Financially, the family experienced substantial instability, as the mother was forced to reenter the workforce under difficult circumstances, and the daughter played a vital role in maintaining household stability.  

At the time of filing, our waiver submission also addressed urgent concerns related to the COVID-19 pandemic, including health risks specific to the mother’s medical vulnerabilities, global travel restrictions, and the lack of employment opportunities in Canada. Although the COVID-19 emergency has since eased, these concerns were well-documented and relevant during the period of review.

We also emphasized the disruption the daughter would face in her academic journey—specifically, the possibility of having to abandon her degree program at NYU and facing significant obstacles to continuing her education abroad. All claims were substantiated through detailed medical records, psychological evaluations, country condition reports, and sworn declarations.

Outcome: Waiver Approved – Family Reunited in the U.S.

Thanks to our carefully prepared legal arguments and the compelling documentation we submitted, USCIS approved the I-601A waiver in August 2024. Our client traveled abroad for consular processing and returned to the United States in January 2025 as a lawful permanent resident. The family’s life was no longer clouded by uncertainty and separation—they are now together, secure, and focused on building their future.

Why This Case Matters

This case illustrates how even complex immigration problems stemming from tragic circumstances can be resolved with the right legal guidance. The I-601A waiver process offers a vital path for individuals with unlawful presence to reunite with their families—without enduring the full 10-year bar. At the Law Offices of Sabrina Li, we approach every hardship waiver with a blend of compassion, precision, and strategy. We help immigrants stay with their loved ones, achieve lawful status, and build secure futures in the United States.

Get Help with I-601A Waivers and Family Immigration Cases

If you or a loved one is facing a similar immigration challenge, our team is here to help. The Law Offices of Sabrina Li has extensive experience handling complex waiver cases and guiding families through uncertain times with clarity and care. Every case is unique, and we take the time to understand your story and develop a strategy tailored to your needs. Call us at (213) 375-8096 or email us at info@sabrinali.law to schedule a consultation.  

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