New York Lawyer's Legal Updates

Provisional I 601A Waiver: Available For Those Who Were Deported As Well

Author: Immigration waivers attorney Alena Shautsova

A provisional waiver is a tool that helps those who entered the country illegally or without inspection but now can be sponsored by their US citizen or permanent resident spouse, parent, child, DV lottery or job. This person must also demonstrate extreme hardship to a US citizen or green card holder spouse or parent.

However, many are afraid to apply for this relief because they have been ordered deported (sometimes, they were ordered deported in their absence. Usually because of a missed court hearing). It should be noted that for those who have an order of deportation, in many situations, an I 601A waiver is still available, but requires additional steps.

There are 2 choices for those who have orders of deportation but never left the US:

1. An applicant for an I 601A waiver might be able to file a motion to reopen and terminate or administratively close the removal proceedings so he/she can apply for an I 601A. Please note that if the I 601A is approved, the proceedings will have to be terminated before a person departs the US.

2. Choice number two: file for an I 212 waiver first. This waiver will waive inadmissibility that a person will have because he/she was deported and left the country after the order. Then, and only after the I 212 waiver is approved, a person will be able to file for an I 601A waiver.

The path an individual should choose depends on the person’s circumstances. Sometimes, it is not possible to go with an I 212 waiver. Sometimes, a person would not be able to reopen his/her case and has to choose the I 212 option.

For example, Leila crossed the border in 2004. She has an order of deportation (removal) against her. Now, she is married to a US citizen and has minor children. Leila does not qualify for cancellation of removal. The old order of deportation can be enforced against Leila at any time. She also cannot adjust her status in the United States because she crossed the border. However, with the right help, she can try reopening her old proceedings. If successful, she will be able to apply for an I 601A waiver and then for an immigrant visa (green card).

If you have questions regarding I 601A eligibility, call our office at 917-885-2261.

12 June 2017
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