Thursday, 11 April 2019

Who is the right candidate to file Form I 106A?

Form I-601A allows the parents, spouses, and children of US citizens or permanent residents to apply for provisional waivers who have accumulated unlawful presence before leaving the United States. It is also called a “provisional waiver application.” As per the new rules of the USCIS, an eligible candidate can wait for the results while staying in the U.S. instead of returning to their respective countries. However, people tend make mistakes while filing Form I 106A. To avoid such mistakes and for professional assistance throughout the process, you must hire the Best immigration attorney in NJ




To know who is the eligible candidate to file Form I 106A read further.


Eligible candidates who can apply for Form I 106A


If you’re a foreign national and meet the following criteria, you may be eligible to apply for an I-601A provisional waiver:


  • You’re currently in the United States.
  • You need to be at least 17 years old.
  • You’re in the process of obtaining an immigrant visa based on a form I-130 petition by a family relative, an I-360 petition on a qualifying basis, or a form I-140 petition by an employer.
  • You’ve applied for the immigrant visa application, and your case is in progress.
  • You’re not allowable in the United States as you have had more than 180 days of unlawful presence.
  • You want to leave the United States to get an immigrant visa.
  • You haven’t got an interview date by the Department of State before 2013.
Candidate not eligible to apply
 
If any of the following things apply to you, you may not be the right candidate to apply for an I-160A waiver:
  • You’re not 17 years old.
  • Your I-485 application is still in the process.
  • You’re not acceptable in the US for reasons like a criminal conviction or health issues.
  • You’ve had earlier deportation proceedings or you were deported and your removal proceedings were not terminated.
  • You are going through final removal or deportation orders from Immigration Court.
  • You are permanently prohibited from entering the United States.
  • On waiver disapproval, you fail to establish privation to your qualifying parent or spouse.
Lastly, immigration law is complex and approval or disapproval depends on candidate’s unique situation. Are you searching for one the best immigration law firms in NJ ? Contact Wildes & Weinberg - (212) 753-3468.

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