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I-601a Form: What You Should Know
Including dependents or other parties. Note that the waiver will not be granted if the applicant was previously denied a waiver. On the I-601A, for the applicant to request a provisional unlawful presence waiver, she will need to identify one of two scenarios: the first scenario is where the applicant has been refused entry or excluded from the U.S. (other scenarios include: refused entry; inadmissible; deported; excluded, etc.), or the applicant was inadmissible to the U.S. before arriving in the U.S. or having a pending application for admission, or the applicant has committed a previous offense involving the unlawful presence of aliens. The applicant must identify whether there is no criminal justice history on file (and if there is no criminal history, the applicant is also eligible to request a waiver based on the applicant's good moral character). The second and most complicated scenario is where the applicant entered the U.S. with unlawful presence, and did not have an arrest/conviction record that is considered inadmissible to the U.S. (other scenarios include: no criminal history; committed an offense against a U.S. citizen or permanent resident, or committed a prior offense involving unlawful presence). In this situation, the applicant will need to provide the name and date of birth of each of her immediate family members and of all immediate and extended family members. The applicant will also need to provide a certified copy of any U.S. passport or other documentation supporting the applicant's unlawful presence. Finally, the applicant will have to answer the “Fact” and “Response” questions that appear on that portion of the I-601A that lists grounds for a provisional unlawful presence waiver. The applicant must also explain why and how her ineligibility stemmed from being unlawfully present in the U.S., including documentation supporting that claim, and any prior criminal history. What to Expect Depending on the waiver scenario, the I-601 will consist of a separate section (or several, depending on the applicant's request and the requirements of the Department of Homeland Security) detailing whether the applicant's admission to the United States is an exception to the INA inadmissibility requirements. Some possible grounds for inadmissible entry into the United States include: 1. Entry without inspection The applicant was in the United States without inspection on a diplomatic or official visa; 2.
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