Unlawful Presence Waivers

U.S. immigration law provides that an alien who is unlawfully present in the U.S. for 180 days or more is prohibited from entering the U.S. for 3 years. Even worse, an alien who accumulates 365 or more days is barred from entering the U.S. for 10 years.

Fortunately, it is possible to obtain a waiver of the 3 and 10 years bars by filing an I-601 application. To succeed, an I-601 applicant must establish that the 3 or 10 year bar causes extreme hardship to a U.S. citizen or permanent resident immediate relative (spouse, parent or
child).

The factors the USCIS uses in determining extreme hardship include, but are not limited to the following 5 factors:

  • HEALTH: ongoing or specialized treatment for a physical or mental illness;
  • FINANCIAL CONSIDERATIONS: future employability, loss due to the sale of a home or business or termination of a professional practice, decline in standard of living, cost of caring for family members such as sick elderly parents;
  • EDUCATION: loss of opportunity for higher education, lower quality of education abroad, disruption of current education program;
  • PERSONAL CONSIDERATIONS: close relatives in the U.S., separation from family – parents, children, etc., community ties in the U.S.
  • SPECIAL FACTORS: cultural, ethnic obstacles, language, valid fear of persecution or harm in foreign country.

If you believe you may qualify under one of the above factors please call us for a free consultation. We will provide you with an evaluation of whether you can obtain an I-601 waiver.

New Waiver Law for Illegal Alien Spouses

A new law allows illegal alien spouses to stay in the U.S. during USCIS processing of their I-601 application. Once the I-601 is approved, the alien spouse can safely and confidently leave the U.S. to attend their visa interview in their home country. In most countries, the U.S. immigrant visa is issued with one or two days of the visa interview. Your spouse then reenters the U.S. as a lawful permanent resident.

This new and more lenient immigration policy only applies to illegal alien spouses who are currently in the U.S., who have minimal criminal history and who have only one border violation.

At Weber and Associates we are experienced at processing I-601 waivers. Please call us at 952-544-6804 to see if your illegal alien spouse qualifies to become a lawful permanent resident through an I-601 waiver.


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