Understanding the Stateside Waiver

The unlawful waiver application process could be complex, and you’ll need to meet certain requirements to qualify. This guide provides generic information about the waiver and how it works to help make things easier. If you get stuck along the way or need personalized assistance with the process, remember you can always get help from an experienced Immigration Attorney in Texas.

In the meantime, keep reading to learn more.

How the Stateside Waiver Works

The Department of Homeland Security created the stateside waiver as a legal solution to help certain immigrant visa applicants in the U.S. who are inadmissible for immigrants based on their unlawful presence.

 It is called a stateside waiver because it is only available to physically present individuals in the United States. Before the waiver was initiated, there were other waivers available to people who had accrued unlawful presence. However, they could only apply for those waivers after returning to their home country, filing for an immigrant visa via consular processing, and receiving a denial after the consular interview.

The stateside waiver changes things by allowing people who have accrued unlawful presence to apply for a waiver before applying for an immigrant visa. They can remain in the U.S. while the waiver is being processed.

Still, the waiver does not confer lawful immigration status. Thus, once it is obtained, the beneficiary still needs to return to their country and continue the immigrant visa process there so they can return to the U.S. legally.

Who Qualifies for the Stateside Waiver? 

You can apply for the stateside waiver if you have accumulated or suspect that you have accumulated unlawful presence in the U.S. But you must meet certain conditions, including the following primary requirements;

•  You are physically present in the U.S.

• You are at least 17 years old.

• You have not been placed in removal proceedings (unless your case has been administratively closed).

• You have started the preliminary process of obtaining an immigrant visa. This requirement is met if any of the following has occurred;

  • You, your spouse, or your parent is the primary beneficiary of an approved family or employment-based immigrant petition and have paid the immigrant visa processing fee.

  • The Department of State has selected you, your spouse, or your parents to participate in the diversity visa program.

• You are, or you suspect, that you are inadmissible to the U.S. because you have unlawfully spent between 180 days to a year or above one year in a single stay in the U.S.

• Your ineligibility for admission inadmissibility into the U.S. will cause extreme hardship to your parent or spouse who is a U.S. citizen or permanent resident.

Depending on your case, there are other conditions you’ll need to fulfill to qualify for this waiver. An immigration lawyer can help determine what they are and how to fulfill them.

How To Apply for a Stateside Waiver

The stateside waiver application process begins when you file Form I-601A, Application for Provisional Unlawful Presence Waiver, with the United States Citizenship and Immigration Services (USCIS). You must complete the form accurately and sign it; otherwise, your application could be rejected.

The provisional waiver application must be supported by certain documents, including the following:

• The immigrant visa approval notice issued by the USCIS or the electronic printout showing you’ve been selected for the diversity visa program, depending on which is applicable.

• Your immigrant visa processing receipt if you’re applying based on employment or family sponsorship.

• Evidence that your inadmissibility would cause extreme hardship on your immediate relatives (if applicable)

• Evidence that your last entry into the U.S was lawful.

Once your form and documents are in order, you’ll need to mail them to the USCIS Chicago lockbox after paying the required filing fees.