I-601A – THE NEW UNLAWFUL PRESENCE WAIVER & IMPORTANT TIPS AS THE LAW TAKES SHAPE
Posted by: ScottMond Law Firm
April 11, 2013
Topic: U.S. Waivers
As the new I-601A (Unlawful Presence Waiver) takes shape, questions and concerns are mounting by clients and immigration attorneys alike. This exciting new law which allows individuals who Entered Without Inspection (“EWI”) and have qualifying U.S. Citizen relatives to adjust status while in the United based on a waiver is limited.
First, it is important to remember that the approved Permanent Visa Green Card must be “picked up” abroad at a U.S. consulate. This can trigger additional inadmissibility issues if a Foreign National is not careful before beginning the process. For instance if there is a past criminal record, use of fraudulent documents, or any other issue besides unlawful presence, an experienced American Immigration Lawyers Association (“AILA”) lawyer should be contacted to determine if an Adjustment of Status with an I-601A should even be filed. A plan to overcome any and all inadmissibility issues is essential.
Overall, it is being advised that only “squeaky clean” cases should rush into filing the I-601A. Other issues of consideration include the following: 1)Has their been multiple exits and entries in EWI status? or, 2) is a final removal order possibly lingering out there, unknown to Foreign National?
Our attorneys at ScottMond Law Firm are all Members of the AILA, and are pleased to be actively filing simple and complex cases for several Foreign Nationals who are in EWI status under the new law. However, we carefully look at each case, and conduct an in depth consultation before proceeding for you or your loved ones.
If you or someone you know is in need of a consultation on this immigration topic, or any other immigration matter, our attorneys may be contacted at [email protected] or you may call us at one of our office telephone numbers conveniently listed at www.scottcclaw.com.
MEMBERS OF THE AMERICAN IMMIGRATION LAWYERS’ ASSOCIATION (AILA)
ScottMond Law Firm