I know there are people in the forum who are in the process or plan on applying in the future. I plan on starting my AOS process next week.
What is I-601A Waiver?
Certain immigrant visa applicants who are relatives of U.S. Citizens or Lawful Permanent Residents (LPRs) may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act Section 212 (a)(9)(B), before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview. For more information see the Provisional Unlawful Presence Waiver web page.
Here is a good website for information about I-601A Wavier
http://www.visalaw.com/abcs-of-immig...sional-waiver/
I entered without inspection when I was 12. Renewed DACA twice and current one will expire around middle of 2019.
Summary of the process provided by Demise.
Quote:
I-601A waiver. This one does require you to depart. Requirements are as follows:
1. You have an approved visa petition with a current priority date.
2. You have a USC/LPR Spouse or Parent that would suffer extreme hardship if you were forced to depart for 10 years.
Now note: Sponsor and petitioner need not be the same, so you can use a relative to get a visa under a petition filed by anyone else, or even via DV lottery.
The procedure is simpler. You pay the DOS IV fee. You file I-601A with two hardship letters (one from your spouse explaining the hardship she will face), one from yourself that's more of a statement of facts as to why you need this thing, how you met your spouse, ending with some statement where you ask that your waiver be granted.
Now there are 4 fields to focus on the hardship:
1. Emotional
2. Financial
3. Medical
4. Inability to reunite in your country of birth.
1. Emotional is simple but relatively weak. You basically state how much you mean to one another, you mention any kids you may have, may even mention pets if all else fails.
2. Financial - this one is a bit better especially if you are the sole provider or your income is needed by the family. Bonus points for kids.
3. Medical - this one is simple, spouse/children have some medical issues that need attention and its best to seek that in US.
4. Inability to reunite in your country of birth. Here the factors to consider are: Low standard of living, lack of close relatives, high crime an d poverty rates, spouse not speaking the language, racism, etc.
Now note this: Only hardship to your spouse matters here, however, hardship to your children or even to yourself can be used, the thing is - you spin it as hardship to your spouse. How? Be create and draw dotted lines. Have kids? Now your spouse is basically the sole provider that has to take of them on your own. You come from a shitty country? Your spouse has every right to worry about you and not want to move to place where gangs roam the streets or he/she can get beaten up by hoodlums due to wrong skin color (different ethnic backgrounds definitely help). Medical reasons - same thing really, especially if the spouse/children depend on you for support or for insurance or medical care abroad sucks.
Now aside the two documents you should include anything you think helps?
Have kids - add birth certificates. Spouse/child has a medical condition - add a medical record. Your country sucks? Find the DOS country status report and any articles that push the narrative that reuniting there isn't worth it. You can also add some pictures but for the most part these aren't too important.
Now, you should ask: But what if my spouse has someone to fall back onto if I go poof? Well, omit those parts. Remember, you control the narrative, USCIS doesn't interview for waivers, they won't bring you in to question every single line you both have written. If your spouse has parents that'd let them and the kids stay for as long as necessary - omit their existence. Don't lie, just don't mention it. Say what advances the case and shut up, don't find some plan Bs and Cs for your absence because you're proving to not be indispensable.
Regarding any other evidence: If it's not immediately relevant don't bother with it. So don't bother collecting letters from priests and whatnot.
So I-601A is filed, you sit on nails for a few months, approval comes now what. Well USCIS will notify NVC to schedule a consular interview abroad. You will get a letter asking for a shopping list of evidence that the NVC wants. Nothing too major. Documents have to be translated into English or in Language of the country the interview will take place. Send it in, you'll get a date, you have to depart, go attend the interview, get your IR-1 visa, and come back to US.
|