Louisiana I-60A Stateside Waiver Lawyer
Serving the Immigration Community in Baton Rouge & Throughout the State
In 2013, the U.S. Department of Homeland Security issued a rule that allowed immediate family members (e.g. spouses, children, and parents) of U.S. citizens—who are unlawfully living in the country—to apply for provisional unlawful presence waivers in order to obtain lawful permanent residency. However, the interview process requires leaving the U.S. In 2016, the U.S. Citizenship and Immigration Services (USCIS) issued a rule that allowed more people to be eligible for this process, as well as clarifying the “extreme hardship” standard.
In order to be eligible for the stateside waiver, you must:
- Be at least 17 years of age.
- Be physically present in the U.S. to file your application and provide biometrics.
- Show you are in the process of obtaining an immigrant visa (e.g. family-based visa, employed-based visa, diversity visa, etc.) or have a current case pending with the Department of State (DOS).
- Prove that refused entry into the U.S. will result in extreme hardship suffered by a U.S. citizen or lawful permanent resident (LPR). Common examples of extreme hardship include being unable to provide care for a spouse suffering a medical condition or a disabled family member, being apart from children, suffering extreme economic hardship, fearing for your life, or facing persecution in your home country.
- Show you are inadmissible only because you were unlawfully present in the U.S. for over 180 days but less than one year during a single stay or you were unlawfully present in the U.S. for one year or more during a single stay.
- Meet all other requirements for this waiver.
If you are interested in petitioning a stateside wavier for a loved one in Louisiana, our legal team at The Scott Law Firm, LLC can protect your rights and best interests throughout the legal process. Since obtaining this visa requires your family member to leave the country for their consular interview, having an experienced immigration attorney on your side can ensure everything goes according to plan.
Contact us today to schedule an appointment.
The Process of Obtaining a Stateside Waiver
The first step is to complete the Application for Provisional Unlawful Presence Waiver (Form I-601A). You may visit the Form I-106A website to learn about the filing instructions and associated fees. Once USCIS receives your application and fees, you will be scheduled an appointment to visit an Application Support Center (ASC) to provide biometrics.
Keep in mind, you must file Form I-601A if you entered the country illegally. If you entered the U.S. correctly with a visa and overstayed the permitted time, you may apply for an adjustment of status.
When Form I-601A is approved, you are required to leave the U.S. since your Immigrant Visa interview will be held in the U.S. consulate or embassy in your home country. You must bring a plethora of documentation (e.g. passport, medical reports, background checks, etc.).
On average, a person is likely out of the country for only a few weeks. If you pass your interview, you will become an LPR and receive your green card.
Let Us Help You Remain in the U.S. Today
It is imperative to have our Louisiana stateside waiver attorney evaluate your case and guide you through the complexities of the legal process. Even if your I-601A waiver was approved, you may still end up stranded outside the U.S., especially if the consulate finds other grounds of inadmissibility. We can thoroughly review your case and make sure your petition is accurate and contains no mistakes.
For more information about our legal services, call (225) 396-5262 today.
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