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Unlawful Presence Waiver I-601A

Portland Unlawful Presence Attorney

Overcome Inadmissibility with Our Help

Offices in Medford & the Portland Area

It can be devastating to learn you have been ruled inadmissible to immigrate to the United States. When someone is “inadmissible,” they are not eligible to enter the United States or obtain immigration benefits for which they may otherwise qualify . Accumulation of unlawful presence is one of the most common reasons for inadmissibility.

Our Portland unlawful presence lawyer can work to overcome inadmissibility on these grounds through the use of the Form I-160A waiver. At Sarpa Law, we are dedicated to helping clients navigate immigration challenges of all types. Our attorney has over 15 years of legal experience and can identify customized immigration solutions designed to overcome obstacles and achieve your goals.

How Form I-601A Works

If you qualify for a green card as a result of family sponsorship, you will need to leave the United States to complete the process. However, if you have already accrued a disqualifying amount of unlawful presence, you will theoretically be barred from reentering the country – even though you qualify for an immigrant visa.

Form I-601A is a waiver that allows individuals in these situations to depart the country, complete the green card application process, and return to the U.S. despite their inadmissibility. To avoid being shut out, you must seek Form I-601A before leaving the United States.

To qualify for the Form I-601A waiver, you must meet each of the following conditions:

  • You must be at least 17 years old.
  • You must be physically located in the United States at the time you file your application.
  • You must have an otherwise approved family-based green card petition.
  • You must be ready and willing to depart the U.S. to procure your green card.
  • You are only inadmissible on the grounds of unlawful presence.
  • You can demonstrate a U.S citizen or lawful permanent resident spouse or parent will suffer extreme hardship if you are unable to reenter the United States.

Proving “extreme hardship” is typically the most difficult element of securing a Form I-601A waiver. It should be noted that only individuals with U.S. citizen or lawful permanent resident spouses or parents can qualify for this waiver. Siblings and children do not count, even if they would demonstrably experience “extreme hardship.”

United States Citizenship and Immigration Services (USCIS) will consider a variety of factors when determining whether a U.S. citizen or lawful permanent resident spouse or parent will suffer “extreme hardship.” These include potential impacts on the relative’s health, education, finances, and general well-being. You will need to provide supporting documentation that supports your claims.

Demonstrating “extreme hardship” is often challenging, but our Portland unlawful presence lawyer can help. At Sarpa Law, we will work closely with you to prepare a persuasive I-601A waiver application. We understand how USCIS adjudicates these waiver requests and can leverage our knowledge to benefit your case.

Schedule a consultation to discuss your options for overcoming unlawful presence by calling our Medford number at (541) 262-6677 or our Portland number at (503) 755-5587.

Understanding Inadmissibility on the Grounds of Unlawful Presence

An individual accumulates “unlawful presence” for every day they spend in the U.S. beyond their period of authorized stay or when you have entered without inspection. Put differently, an individual can easily accrue unlawful presence if they fail to renew/extend their valid status or remain in the country after their status expires. An individual will also immediately begin accumulating unlawful presence if they enter the country without being properly admitted or paroled.

When you accumulate too much unlawful presence, you will be ruled “inadmissible” and barred from entering the United States for a set amount of time. If you accrue 180 days of continuous unlawful presence, you will be subject to a 3-year bar, or 3 years of inadmissibility. Accumulating 1 year or more of continuous unlawful presence will result in a 10-year bar, or 10 years of inadmissibility. There are some notable exceptions and nuances to these rules, which are not discussed Minors will not generally be barred as a result of unlawful presence, for example. Multiple entries without inspection may make you permanently inadmissible, is another example.

Being ruled inadmissible to the United States means you cannot reenter the country or obtain immigration benefits that would allow you to remain. Because you are unlawfully present, you may be at risk of being targeted for removal proceedings. Our Portland unlawful presence attorney can assess your circumstances and determine whether you are likely to be ruled inadmissible.

If you or a loved one has been ruled inadmissible on the grounds of unlawful presence, do not wait to call the Portland office at (503) 755-5587, the Medford office at (541) 262-6677, or contact us online. We offer our legal services in English and Spanish.

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