Today, our topic is President Obama's expansion of the i-601 waiver for unlawful presence. My name is Carl Schusterman, and I'm an ex INF trial attorney with 38 years of experience practicing immigration law. I hope to explain this program in a way that allows you to take advantage of it. To be eligible for a 601 waiver, you must be present in the US and unable to adjust your status. This could be because you entered the US illegally or on a non-immigrant visa that doesn't allow for adjustment of status. If you need to go abroad, typically back to your home country, to immigrate, you may be separated from family members who are US citizens or permanent residents. Additionally, you may be subject to bars that prevent you from returning for three or ten years due to your unlawful presence in the United States. Understanding the history of the 601 waiver can help you see how it benefits you. Before 2013, if you were applying for an immigrant visa abroad, you had to file the i-601 waiver and could wait months or even over a year for approval, all while being separated from your family. In 2013, President Obama introduced the i-601 provisional waiver program, but it was limited to immediate relatives, such as parents, spouses, or children of US citizens. This left many people ineligible. However, in November 2014, the President proposed expanding the program to include sons and daughters of any age or marital status of US citizens, as well as spouses and sons and daughters of green card holders. It's important to note that not everyone who applies will receive the waiver. To be approved, you must demonstrate extreme hardship that your qualifying citizen or green card holding relative would face if you were not allowed to return...
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I-601a waiver Form: What You Should Know
For the purpose of this provisional waiver, a “physical place” is a place where, and the time when you are physically present is from the date you applied for the waiver or as soon as you are physically present, whichever is later, if your application is approved. A “physical place” does not mean any place where the individual is a resident of the U.S. or lawfully in the U.S. (e.g., a permanent residents permit), but only where the individual is physically present in the U.S. before you submitted an application for the provisional waiver. If your visa application is rejected because you did not submit the required fee, you will be returned to the I-601 form. You cannot do this.
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