Immigration Attorney for Long Beach, CA

What You Should Know About I-601A Provisional Waivers

I-601A Waivers are something that many people are not fully aware of even though they may be affected. Changes are being made to these waivers and they will become effective March 4, 2013. Through these changes, those relatives of an American that are in the United States without the proper authority can have the chance to file a waiver of unlawful presence before gaining a green card and can receive a decision before they leave the country or shortly after. To expand on this matter, there are a few things that you should know.

About Waivers & Eligibility

Through the new rule, those that are eligible to apply include individuals that are immediately related to a citizen of the country and at least 17 years of age or older. They will also need to be in the country at the current time with unlawful presence as the only problem, meaning there are no criminal accusations against them. This is an important opportunity seeing as illegal immigrants need to leave the country before being able to apply for a green card that will allow them to be here legally. This means they have to leave and come back and this can be a difficult process. When they do so, they can face a penalty when leaving that can last for as long as ten years. They can be separated from their loved ones for long durations of time. Since this includes immediate relatives, it can be between spouses, children and parents. Through this new change, they may be able to avoid the penalty and while they may leave the country, they can be back in just a few short days for some cases.

Filing for a Provisional Waiver

When this waiver is granted or approved, it counts as provisional. At this point the government has looked at the case and they have found reason to give the waiver. This does not mean that it is guaranteed to work out and certain factors may be presented in the case, such as the finding of criminal activity that invalidates the original approval. For those that are looking to apply, this will need to be done after an immigration petition has already been approved. Once this has been established, you can file beginning on March 4, 2013. The main purpose of this change is to avoid the long time that family members are apart from each other when an immediate relative is forced out of the country while their case continues to drag on. It should be noted that these provisional waivers do not guard you against the penalties of being in the country without the authority to do so. It will also not give you the ability to work or drive. It is best that you speak with a professional about your case.

There is a lot on the line and simple errors can cost you greatly. You may have your waiver denied or deal with a lengthy process which is often the case in immigration matters. You or a loved one do not want to take chances, especially ones that can remove you from the country for a matter of years. A Waiver may give you the opportunity to make a challenging situation far more doable and Long Beach immigration lawyer, Angela McGill is a great asset in these matters. She is also a Certified Specialist when it comes to Immigration and Nationality Law and she gained this achievement from the State Bar of California. Call to discuss your case with a professional. Service is offered to both Spanish and English speaking clients.