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Typically, you can use Form I-601A to file for a waiver if: You are physically present in the United States. You are at least 17 years of age at the time of filing. Have an immigrant visa case pending with the U.S. Department of State.
Failure to Prove Extreme Hardship One of the most common reasons for denial is an inadequate demonstration of extreme hardship. You must prove that your U.S. citizen or lawful permanent resident relative would face severe consequences if youre not granted the unlawful presence waiver.
Approval rates of I-601A waivers vary based on different factors, such as the applicants country of origin, age, and criminal grounds. The Application for Provisional Unlawful Residence Waiver acceptance rate is around 70%.
How Long Does It Take for the I-601A Waiver to Be Approved? On average, it takes around 43.5 months for USCIS to process and approve the I-601A waiver.
This Waiver asks the United States Government to forgive when someone unlawfully enters the United States without proper documentation or overstays the extent of time allowed by lawful entry. To be eligible the applicant can only have 1 unauthorized entry or overstay.
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The statute provides exceptions to the accrual of unlawful presence to the following aliens: Asylees and asylum applicants: Generally, time while a bona fide asylum application is pending is not counted as unlawful presence. Minors: Aliens under age 18 do not accrue unlawful presence.

2021 i 601a uscis presence waiver dhs free