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The qualifying relative must be: A U.S. citizen or legal resident spouse or parent, if the immigrant is denied for unlawful presence or misrepresentation. A U.S. citizen or legal resident who is a spouse, parent or child of the alien who is denied admissibility based on criminal history. A U.S. citizen fiance.
However, be aware that if this waiver is denied, you risk a lengthy separation from your U.S. family. You will likely be barred from reentering the United States for three or ten years, depending on whether your unlawful stay was between 180 and 365 days or over 365 days. (I.N.A. Section 212(a)(9)(B).)
The average processing time for Form I-601A is between 8.5 and 11.5 months. Make sure you carefully read the section of the Form I-601A instructions about your immigration status when applying for this waiver.
Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B) before departing the United States to appear at a
The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that
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At least 17 years old. Physically present in the U.S. to file the form I-601A application and provide biometrics. Be in the process of obtaining their immigrant visa, and have a case pending. Not have any additional grounds for inadmissibility.
A qualifying relative, in the context of the I-601 Waiver, is a crucial element determining the eligibility for overcoming grounds of inadmissibility. These individuals, pivotal to the waiver application, may include U.S. citizen or legal resident spouses, parents, and children.
A waiver of inadmissibility under section 212(i) of the Act is dependent on a showing that the bar to admission imposes extreme hardship on a qualifying relative, which must be the U.S. citizen or lawfully resident spouse or parent of the applicant.

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