Tips For Filing Form I-601a - Application For Provisional Unlawful Presence Waiver

As per instructions by the USCIS, the spouses, children, and parents of US citizens with unlawful presence and files immigrant visa applications are eligible for filing Form I-601A. However, this form should be filed before they leave the United States, and return back to their countries, and wait until their visas get an approval. And only the immediate relatives of US citizens who have accumulated unlawful presence are allowed to file Form I-601A. Like most other USCIS forms, there are specific instructions that will help you easily complete the Form 1-601A.

Do you know USCIS can reject petitions that do not abide by the required for filing and the biometrics fee? However, they can also reject your petition, if you’re not eligible for this waiver. Therefore, having the best immigration attorney in Miami will help you meet all the requirements related to Form I-601A.

Below, we have explained the Form I-601A checklist that will help you make sure you have all the appropriate documents, forms, and fees. Nevertheless, we also advise on working with the best immigration law firm in Miami, to make sure you’re eligible and file the form correctly.

Here’s what should be included in a provisional waiver application

1. USCIS Form I-601A - This form is available on the USCIS website.

2. Receipt of processing fee - Well, you will be required to send payment receipt to the Department of States once your petition gets approved but you are sent for a consular interview. Therefore, you should place the receipt on the top of Form I-601A. 

3. Application fee- The basic application fee for a provisional waiver application is $585.

4. Biometrics fee- If your age is less than 79, you’re required to pay biometrics fee that is $85.

5. Documents proving that USCIS has approved your family-based visa petition - Send a copy of your USCIS Form I-797 approval notice.

6. Proof of the US citizen status of your qualifying relative - You must send a copy of a birth certificate, passport, and naturalization certificate of your qualifying relative with US citizen status.

7. Documents proving your relationship with your qualifying relative - For this, you should send a copy of a marriage if you’re a spouse or birth certificates if you're a parent or child of a US citizen.

8. Proof presenting the extreme hardship that your qualifying relative may experience - This usually depends from one person to another. For example, if your US citizen suffers from any medical condition, which requires constant care from you, sending a doctor’s letter and copies of test results are enough.

Once you assembled all these documents, make a copy of all documents, and send it by the US mail with return receipt.

These are the tips you need to keep in mind while filing Form I-601A. Keep a note, send only photocopies of all original documents other than the USCIS form.

Difference between U.S. citizenship and U.S. green card

People often get confused between the words “U.S. citizenship” and “U.S. green card,” thinking that both are the same thing. Although both allow immigrants to live in the United States legally for an unlimited period of time, there are some differences between the two. Therefore, before you apply for the US immigration visa, it is important to know the differences.

Although hiring one of the best immigration attorneys in Los Angeles will help you meet all the requirements, you must be aware of the steps required during the process.

The process - from obtaining a green card to becoming a U.S. citizen

Are you a foreign national considering to migrate to the United States on a permanent basis? If so, first, you need to apply for a green card to become a legal resident. You can obtain a legal permanent residence status with a sponsored visa either by the US employers or family members.

On the other hand, asylees and refugees can also obtain a permanent residence status after a certain period of time.

Once you become a legal resident, you may become eligible candidate to apply for US citizenship. For this, you need to file Form N-400. However, you cannot start the process soon after obtaining a green card. To apply for naturalization, you must wait for five years as well as meet few requirements.

The following are the major differences between US citizenship and US green card.

Both green card holders and US citizens have certain rights and responsibilities while living in the United States. However, the rights that are granted to US citizens may not be granted to the green card holders.

When it comes to permanent residents, they are usually issued with ten years Green Cards. And lawful residents must keep their identity documents with them at all times. Besides this, US employers hire permanent residents with valid green cards. Most importantly, lawful residents cannot travel abroad without green card and they are allowed to live in foreign countries for a long time. In case they do, the United States immigration authority will revoke their Green Cards. But this is not the case with US citizens. They are allowed to remain in the foriegn countries for as long as they want without worrying about the cancellation of their status.

Likewise, the US citizens will not be deported by the United States immigration authorities for any reason. However, the United States can deport Green Card holders if they found guilty in any criminal case or don’t abide by the immigration laws while living in the US.

The bottom line

If you’re a foreign national looking for immigration to the United States, you can apply for permanent residence through sponsored visa either by family members or US employers. And if you already have a permanent residence status in the US, you can apply for a US citizen through the process called “naturalization.” Moreover, consulting the best immigration law firm in Los Angeles can help with proper assistance throughout the process.