Immigrant Visa and Possible Waivers

Is your spouse a US citizen or a lawful permanent resident?
Do you have parents who are US citizens or lawful permanent residents, but you hold no status?
Do you have one illegal entry into the US without being inspected, such as the desert, the river, or did CBP waive you in at the border?
Have you not departed the United States since your initial entry?

If you answered yes to some of these questions, there might be an immigration relief available to you.

The initial step would be to give us a call to help determine the correct path for you. Besides an I-130 filing, several waivers might be required to waive your unlawful status, waive certain inadmissibility grounds, or lift certain immigration bars.

One for of waiver that might be available to you is the I-601A (https://www.uscis.gov/i-601a) waiver, which is a waiver to waive Provisional Unlawful Presence, while you are in the United States. This waiver for the most part waives one illegal entry, with no departures.

Another waiver could be I-601 Applicationfor Waiver of Grounds of Inadmissibility (https://www.uscis.gov/i-601) . This waiver can waive a few immigration bars and/or waive grounds of Inadmissibility. Some of these waiver bars and grounds of Inadmissibility are:
- Seeking exemptions from vaccination requirements because vaccinations are against my religion.
- Been involved with a crime of moral turpitude.
- Been convicted of two or more offenses for which the combined sentence to confinement were five years or more.
- You are or were a member of or affiliation with the Communist or other totalitarian party, domestic or foreign.
- You have engaged in alien smuggling

These waivers require a qualifying relative plus extreme hardship. Therefore, one should not try to tackle these on their own. Contacting an attorney is a good starting point to help decide what waiver is needed for your case.

At Passage we ensure that our clients have an approved waiver before attending their interview abroad, since we know what the impact of a denial can have on a family.

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