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http://www.shusterman.com This presentation explains how you can qualify for an I-601A Provisional Waiver. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html In 2013, President Obama issued a new policy which provides that once your I-130 is approved, you can file a "provisional" I-601A waiver without leaving the US. Only if the waiver is approved would you go abroad to apply for a green card. However, you must demonstrate that certain "qualified relatives" would suffer "extreme hardship" if you were not permitted to return to the US for 10 years. Qualified relatives are permanent resident or US citizen spouses or parents. Hardship to you and your children does not count. Extreme hardship can be emotional, financial, medical or a combination of each of these. For more information, please see our I-601A Provisional Waivers page at http://shusterman.com/i601a-provisionalwaiver.html
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I-601A Provisional Waivers Immigration Attorney Carl Shusterman
Who Needs a Waiver? • Inadmissible: Unlawful Presence (UP), Fraud, Convictions, etc. • New Policy Applies to Those Who Only Need UP Waiver • New Policy Applies To Those Who Need to Apply for LPR Status Abroad • Starts on March 4, 2013
Purpose of the New Policy • To Prevent Prolonged Separation of Families • Allows Persons to Apply for Waivers in the US • Does Not Apply to Those in FB and EB Preference Categories
Are You Eligible? • Immediate Relatives • Entered US Without Inspection (C-1, K-1, etc.) • Ineligible to Adjust Status in US • At Least 17 Years of Age
Which Bars Does New Policy Apply To? • 3-Year Bar • 10- Year Bar • Not to Permanent Bar
How Do I Qualify for an I-601A Waiver? • Show “Extreme Hardship” to “Qualifying” Relative • What is Extreme Hardship? • Who is a “Qualifying Relative”?
What Can I Do if My I-601A Waiver is Denied? • No Appeals • No Motions to Reopen/Reconsider • However, You Can Refile Your I-601A
What Are My Chances of Having My Waiver Approved? • I-601s Have a 34% Denial Rate • Don’t Try to Do This on Your Own • Don’t Use a Notario or Consultant • Hire an Experienced Immigration Attorney
Where Can I Find More Information on I-601A Waivers? • See Our I-601A Frequently Asked Questions Page http://shusterman.com/2013/01/i-601a-provisional-waiver-faq.html • See the USCIS website http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dc9af51016bfb310VgnVCM100000082ca60aRCRD&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190aRCRD • See State Department website http://travel.state.gov/visa/immigrants/nvc/nvc_5837.html