Throughout the years here at Alcock and Associates, our team of immigration attorneys have helped hundreds of clients with I-601 waivers in the state of Arizona. These waivers are known to be a great option in certain marriages where one spouse in the relationship entered without documentation. The I-601A waiver forgives illegal or unlawful presence here in the United States and excludes an individual from any mandatory time that one would otherwise be waiting in his or her home country. The waiting time for someone applies to the situation mentioned previously, can vary from three to ten years. It’s a great honor and pleasure to have the opportunity to be able to help people obtain lawful permanent resident status.
Our team of dedicated and experienced immigration attorneys have represented several hundreds of people in their I-601A waiver process. We would be happy to help you in this type of case. If you would like to know more information or would like a consultation that is absolutely free, please do not hesitate to contact us.
We are proud to offer free consultations for our clients. Just call 602-989-5000 today and we will explain and walk you through the process today. You will notice that we are dedicated to helping people and we love to look for positive solutions.
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As previously stated, the I-601A waiver forgives unlawful presence in the United States. Meaning that the applicant would only need to leave the United States to attend the visa interview which would be conducted in their respective home country. This I-601A waiver allows the applicant beneficiary’s to wait in the United States while their waiver application is being processed. An individual will only be eligible to qualify for the I-601A waiver if the individual has a United States citizen spouse or parent.
The first step in applying for an I-601A waiver is the I-130 family petition. The purpose of the I-130 petition is to classify the immigrant beneficiary/applicant as a relative of the petitioner. When an I-130 application is approved it simply means that United States Citizenship and Immigration Services (USCIS) is satisfied that the applicant is the spouse of the petitioner. In order to establish that there is a relationship, there must be proof that the marriage is a legitimate marriage, not one solely for immigration purposes. This can come in many forms including pictures. The I-130 is $420 and takes typically 6-9 months.
After the I-130 waiver has been approved, the petition will be forwarded to the Department of State which is when two fees can be paid to the National Visa Center. These fees are two fees are $120 and $325, and they are for the immigrant visa, and the DS-260 application for residency which is completed online.
After the National Visa Center fees are paid, the waiver can now be submitted. In order for an individual to be approved for an I-601A waiver, the applicant must be able to demonstrate that if they are refused admission into the United States, it will cause “extreme hardship” to their qualifying relative, which would be a United States citizen spouse or parent. This includes evidence of financial, medical, educational, and emotional conditions. The cost of the waiver is $670 and takes about 4-8 months.
After the waiver has been approved, certain documents must be mailed to the National Visa Center so that the interview, which will take place at the consulate of the applicant’s home country, can be scheduled. One of these documents is the I-864 Affidavit of Support. The purpose of I-864 form is essentially to demonstrate that the applicant has adequate means of financial support and is not likely to become a financial charge. If the petitioner does not have enough income and/or assets in order to maintain the applicant at 125% of the federal poverty guidelines, then a joint sponsor who meets the requirements may submit a Form I-864. All Sponsors must be living in the United States, at least 18 years of age, and a citizen or legal permanent resident of the United States.
After the interview at the consulate has been scheduled, the applicant will leave the United States to their home country to attend the visa interview. Also, before the interview the applicant is required to have a medical appointment with an authorized physician in the country where they will be interviewed. At the interview, a consular officer ask the applicant various and different questions in order to ensure eligibility for an immigrant visa (green card).
If in the case that the individual is found to be out of status in the United States for more than 365 days, departs the U.S., and then attempts to re-enter the U.S. or is successful in reentering, they will not be eligible for the I-601A waiver. This means that a person must be in the United States to apply for an I-601A waiver, and must have only one illegal entry and period of unlawful presence in the United States. An individual will also be ineligible for and I-601A waiver they have been convicted of a controlled substance offense or a crime which involves moral turpitude. A crime of moral turpitude generally is a crime which has the intent to steal or defraud as an element, or a crime in which an intentional act caused bodily harm. A person will also be ineligible for the I-601A waiver if he or she entered the United States with false fraudulent documents, claimed to be a United States citizen, or brought anyone with him or her when entering the United States (alien smuggling).
Here are the questions that we must ask in order to determine whether or not an individual is eligible for Adjustment of Status:
We are dedicated to helping YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004