Proposed Provisional Unlawful Presence Waiver I-601, Coming Soon! The effective date has not been specified
The Department of Homeland Security has posted a plan that would reduce the time United States Citizens are separated from immediate family members such as spouses, children, and parents while said family members are processing their lawful permanent resident status. Presently these relatives who have accumulated periods of unlawful presence in the U.S. will be barred from re entering the United States for periods of 3years if they have been present illegally for less than six (6) months or ten years if they hav been present illegally for more than six (6) months. This proposed new waiver will allow an applicant to waive the unlawful presence ground of inadmissibility while remaining in the U.S. based on a showing that a separation from their US Citizen relatives described above would cause that U.S. Citizen relative extreme hardship.
The effective date of the provisional unlawful presence waiver I-601, has not been specified and therefore the waiver process is not yet in effect. Do not apply at this time, because the application will be rejected. You must wait until the new provision takes effect. Therefore, Do not apply for the I-601 waiver at this time and be careful of Notarios or other individuals who are not unauthorized to practice immigration law who may attempt to take unfair advantage of you and claim to be able to obtain this waiver for you. You may apply for a waiver if you meet the following criterion:
Is physically present in the United States;
· Is at least 17 years of age;
· Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
· Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
· Is not subject to any other grounds of inadmissibility other than unlawful presence; and
· Can demonstrate that the refusal of admission would result in extreme hardship to a U.S. citizen spouse or parent.
If you need competent legal representation, for your immigration visa petition I-130, please contact us so that we may evaluate your immigration case. We are Orange County immigration attorneys located in Tustin California.