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.
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.
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