I-601A Provisional Waiver Approved Based on Medical, Psychological, and Financial Hardships

I-601A Provisional Waiver Approved Based on Medical, Psychological, and Financial Hardships

Our office recently received approval of the I-601A Provisional Waiver for our client who is married to a U.S. citizen spouse.  We were contacted after the U.S. citizen petitioner filed the I-130 Petition for Immediate Relative and was awaiting approval of the immigrant visa petition by the USCIS.

During this preliminary processing period,  we provided our clients with our Waiver Worksheets, which contains a comprehensive set of important questions to answer and supporting documents to gather, based on our 14+ years of experience preparing winning I-601, I-212, 212(d)(3), and other immigration waivers on behalf of our clients.

Our office subsequently drafted and submitted the I-601A Provisional Waiver application package which included: a complete set of USCIS forms requesting consideration for the I-601A Provisional Waiver; a 27 page waiver statement detailing relevant case law favorable to my client’s situation and presenting the extreme hardships that applied to this case; and a comprehensive collection of exhibits to prove the extreme hardships being presented.   Throughout the waiver, we incorporated an eloquent presentation of the couple’s life story that highlighted the unique facets of this case, personalized their plight, and showed why the U.S. citizen would be particularly vulnerable to the hardships triggered by separation or relocation.

The provisional unlawful presence waiver process allows immediate relatives of U.S. citizens (spouses, children, or parents) who are currently residing in the United States to apply for a provisional waiver while in the United States, provided they meet all eligibility requirements outlined in 8 CFR 212.7(e) and warrant a favorable exercise of discretion.

To be eligible for the I-601A Provisional Waiver for Unlawful Presence, you must fulfill ALL of the following conditions:

  1. Be 17 years of age or older.
  2. Be an immediate relative of a U.S. citizen (not a preference category immigrant who has a visa available).  An immediate relative is an individual who is the spouse, child or parent of a U.S. citizen.
  3. Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
  4. Have a pending immigrant visa case with the Dept. of State for the approved immediate relative petition and have paid the Dept. of State immigrant visa processing fee.
  5. Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.
  6. Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
  7. Not have been scheduled for an immigrant visa interview by Dept. of State before January 3, 2013.
  8. You are inadmissible ONLY for unlawful presence in the United States for more than 180 days but less than 1 year during a single stay (INA Section 212(a)(9)(B)(i)(I)), or unlawful presence in the United States for 1 year or more during a single stay (INA Section 212(a)(9)(B)(i)(II).

The favorable factors of this case includes some of the following:

  • the U.S. citizen wife cannot not endure long-term separation from her spouse, were he required to leave the U.S., because she has become medically, psychologically, and emotionally dependent on him.
  • the U.S. citizen wife suffers from a variety of physical ailments and psychological disorders, that would be exacerbated by the stress of separation or relocation.
  • the U.S. citizen wife would be in danger of defaulting on her student loan and other debt payments should her physical and psychological state deteriorate further.
  • the U.S. citizen wife would live in fear of violent assault in the country of her husband should she be forced to re-locate to his home country.
  • the U.S. citizen wife would lose access to quality health care needed to monitor her various physical and mental disorders
  • the U.S. citizen wife would be wholly separated from her ill parents and family in the U.S.

It should be noted that the way extreme hardships are presented, discussed, and proven often “make or break” an I-601A Provisional Waiver Application.  Extreme hardships should be highlighted and elaborated upon in a realistic and credible manner.  Every hardship should also be shown to exist and possibly grow worse in two scenarios: if the qualifying relative is separated from the applicant and if the qualifying relative has to re-locate to another country in order to be with the applicant.  Every hardship statement made should be proven with objective evidence that is included in a comprehensive collection of Exhibits.

As a result of the comprehensive package we prepared and submitted on behalf of our client, this I-601A Provisional Waiver application was approved.