Immigration Waiver | Immigration Waiver Attorney | Eatontown, NJ

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Provisional Unlawful Presence Immigration Waiver

Many individuals from around the world wish to take their families with them to the United States in search of a better future and greater opportunities. The intricacies of immigration, however can make it quite challenging for many to attain the American dream. This is where an immigration waiver attorney from Eatontown, NJ can help.

An immigration waiver, better known as a I-601A Waiver or Waiver of Unlawful Presence is given to those individuals that have been staying in the United States without permission due to illegal entry or border crossing. Children below 18 do not accrue lawful presence. The waiver enables certain immigrants to file applications that help avoid triggering the inadmissibility bar.

Seasoned Immigration Waiver Attorney from Eatontown, NJ

America has some harsh penalties if you are here illegally. Many, because of their unlawful presence cannot apply for a green card, even if they are married to a U.S. citizen, until they stay outside of the U.S. for three-years or ten years. If you are one of those people, Good News! A waiver is available.

As always, remember that immigration law is incredibly complicated. You should seek the advice of an experienced New Jersey immigration lawyer prior to taking any immigration action including seeking a waiver for unlawful presence. Get in touch with a seasoned immigration waiver attorney from Andres Mejer Law. An attorney can explain the immigration concepts to you and provide you direction towards a favorable outcome. Schedule an appointment today.

Why do I need an Immigration Attorney in NJ?

When dealing with immigration matters, it can be quite tempting to skip getting legal help and just dive in head first and roll with the punches but given the complicated procedures involved in immigration, you could find yourself in a very confusing situation. Thus, it is best to enlist the help of an immigration waiver attorney from Eatontown, NJ

The immigration attorney at Andres Mejer Law are committed to helping immigrants attain a good life in the United States by sorting out their legal problems. The immigration attorney helps with a load of problems related to immigration and citizenships such as visas, green card, VAWA, and more.

Enlist the help of an immigration waiver attorney should you have any concerns regarding your stay in the country. An attorney can review your case, answer any queries you migh have and any concerns that come your way. An attorney offer quality representation and fight for you when the need arises. Get in touch with an immigration attorney from Andres Mejer Law now!

What is an Immigration Waiver?

To define it succinctly, an immigration waiver or an I-601A is a waiver request form that is used by immigrants applying for a waiver of inadmissibility to overcome any hurdles from obtaining a green card. An immigrant may use an I-601A to overlook their criminal or fraudulent past or unlawful presence in order to obtain a green card.

There is a more specialized way to use a form I-601A for close relatives of citizens and lawful permanent residents who are seeking waivers for unlawful presence and advance of leaving the US for an immigrant visa interview.

Certainly, there are more to immigrant waivers than just a mere definition. Read on below and see how an immigration waiver attorney can help you.

The Unlawful Presence Bar

Unlawful presence only means that you were in the U.S. without permission. That could have happened if you entered illegally by crossing the border. It can also happen when you enter legally but overstay your visa. However, you must be over 18 years old to accrue unlawful presence. You could be in the U.S. for 15 years as a minor, but you don’t accrue a single day of unlawful presence. Anyone with more than 180 days of unlawful presence (time spent in the U.S. with no valid status) is subject to a three-year inadmissibility bar. If the period of unlawful presence is longer than a year, the bar increases to ten years.

The inadmissibility bar is triggered when you leave the U.S. The Catch 22 that you face is that you are required to leave the U.S. to obtain permanent residency (green card) at a U.S. consulate in your home country. When you leave, however, you trigger the three or 10 year bar to re-entering the country. That means you must wait outside the U.S. away from your family until the inadmissibility bar passes, unless you qualify for a waiver.

What is the Traditional I-601 Waiver?

Alternatively, if you are subject to the unlawful presence bar you can file Form I-601, requesting a waiver of your inadmissibility. Traditionally, this meant that you had to leave the U.S., triggering the inadmissibility bar, then file the I-601 waiver, and wait outside the country for the waiver to be approved. Because of consular processing times, you often waited for months for your waiver to be approved. If the waiver was denied, you would be forced to remain outside the U.S. for the entire period of the inadmissibility up to ten years.

Not surprising, the prospect of departing the U.S. for an uncertain period kept many from filing in the first place. Many immigrants chose to not file for their green card despite their eligibility because of the uncertainty.

What Information Do You Need to Provide in an I-601 A

Before you can file for an I-601 A you would need to provide certain important information. Below are the information you need to have ready on your form:


  • Identifying Information. Name, Alien Registration Number, and Social Security Numbers.
  • Address. A mailing or actual address must be used. These will not be used by the Department of Homeland Security to deport immigrants unless they are a threat.
  • Contact Information. Phone numbers and email addresses fall under contact info
  • Country of Birth and Citizen Information
  • Last Entry to the United States. Provide the date, place, and manner of entry.
  • Information about previous US entries.
  • Criminal History Information. Answer this section truthfully regarding your background, any past crimes, immigration violations and more.
  • Information on the petitioner be it an employer or relative who petitioned a visa for you or if you self-petitioned.
  • Information on a qualifying relative
  • Additional Information. For things such as a request summary
  • Signature and Signature of the person preparing the application.

Call our Immigration Waiver Attorney Now!

Immigration can be a tricky area to navigate which is why it is important to get in touch with a seasoned immigration attorney. An attorney can help you better understand complicated terms in immigration, including those you would have to provide when filling up forms such as the I-601 A. Having a seasoned immigration lawyer on your side from Andres Mejer Law can help you inch one step closer to achieving the American Dream. Schedule an appointment with an immigration waiver attorney now.