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Video instructions and help with filling out and completing 601a waiver letter sample
Today I'm going to talk about President Obama's new provisional waiver policy let me start by telling you who needs a waiver under traditional immigration law if somebody committed a crime somebody committed fraud somebody was unlawfully present in the United States for over 180 days and then left the country they can't just get a green card and come back they need to get a waiver to come back and we call those I 601 waivers the problem was is that let's say we had a married couple and they had children and the husband went abroad and had to apply for the waiver it was often many months sometimes even over a year that the couple would be separated while the agency processed the waiver application so what the new policy does is shortens that period by allowing the person before they go abroad to apply for the waiver in the United States but it can be confusing to non immigration lawyers because it's not all kind of waivers it's only waivers for unlawful presence in the US so if you've been unlawfully present in the US for let's say a year and you also had committed a misrepresentation or you had a crime you cannot take advantage of this new policy you can only take advantage if all you need a waiver for it is unlawful presence the new policy is going to go into effect I'm making this video in January of 2022 and it will go into effect starting March 4th of this year now the policy is rather limited I told you it's to prevent that long family separation and it allows people to apply for waivers in the US but only sir people let's say you're coming under the preference system you're sponsored by your employer you're sponsored by your brother and you're in one of these limited family or employment preference categories you're not eligible for the waiver just forget that you'll have to go abroad and apply for the old 601 waiver and stay there however many months you have to so who is eligible for this well first of all only immediate relatives so who is an immediate relative three people a child of a US citizen a parent of the US citizen or a spouse of a US citizen also this will only apply to people who are ineligible to adjust their status in the US if you come on a tourist visa and end up marrying a US citizen you can get your green card without leaving the US but if you entered without inspection which means you didn't see an immigration officer you saw a coyote or somebody smuggled you across the board or something like that or in certain cases there are certain visa types that don't allow you to adjust your status in the US the most notable being people who come on a c-1 crewman visa for people who come as k1 fiancees.