I-601A WAIVER: PROVISIONAL UNLAWFUL PRESENCE WAIVER

• Your immigrant visa petition approval notice or Department of State (DOS) Electronic Diversity Visa Entrant Status Check printout (if applicable)
• A copy of your Department of Justice EOIR Administrative Closure Order (if applicable)
• A copy of your Form I-797, Notice of Action, showing we approved your Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable)
• Your DOS Immigrant Visa Processing Fee Receipt (for immediate relatives, family-sponsored, and employment-based immigrant visa applicants)
• Evidence of your relationship to your qualifying relative (if applicable)
• Evidence of U.S. citizenship or lawful permanent resident status of your qualifying relative (if applicable)
• Evidence of your admission or parole
• Evidence of extreme hardship
• Evidence your case warrants a favorable exercise of discretion

In order to provide you with the best and most accurate consultation, we recommend that you bring as many of the following information/documents as you can to ensure a productive meeting.

1. Evidence of commitment to community via letters, awards, memberships, social media presence, etc.
2. School and/or work records and resume
3. Medical history
4. Financial information and documents
5. Evidence of property ownership
6. Evidence of relationship with petitioner via cards, letters, emails, visits, etc.
7. Lots of pictures
8. Evidence of child(ren)’s commitment to community via letters, awards, memberships, social media presence, etc.

At Tsang & Associates, we have successfully completed numerous I-601A Waiver applications, as our success statistics and client reviews show. If you would like to read about peoples’ experiences working with Tsang & Associates, you can view our I-601A success stories.

At Tsang & Associates, our experienced attorneys will assist you in filing form I-601A. Our clients have chosen us due to our friendly customer service, proven rates of success, and knowledgeable staff. We are committed to putting your best interest at the forefront of everything we do, and to make the process as smooth as possible. Our staff is fluent in Mandarin, Spanish, Korean, and English and we currently work with clients from all over the world.

Section 212(a)(9)(B)(v) of the Immigration and Nationality Act

Aliens unlawfully present

(v) Waiver

The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

The purpose of a waiver application is to demonstrate that the U.S. Citizen or Lawful Permanent Resident (LPR) immediate relative of a foreign national will suffer extreme hardship due to either the removal of the immediate relative or the forced relocation to said relative’s native country. Within the law, however, there is no specific definition of the notion of “extreme hardship.” Ultimately, the key term in the provision is “extreme,” and thus only in cases of actual or prospective injury to the U.S. Citizen or LPR will the waiver be approved. Factors that constitute extreme hardship include:

1. Health, in regards to:
   1. Ongoing or specialized treatment requirements for a physical or mental condition
   2. Availability and quality of such treatment in your country and the anticipated duration of the treatment
   3. Chronic or acute nature of condition, long or short-term nature of condition
2. Financial considerations, in regards to:
   1. Future employability
   2. Loss due to sale of home or business, or termination of a professional practice
   3. Decline in standard of living and ability to recoup short-term losses
   4. Cost of extraordinary needs, such as special education or training for children
   5. Cost of caring for family members, such as elderly and infirm parents
3. Education, in regards to:
   1. Loss of opportunity for higher education
   2. Lower quality or limited scope of education options
   3. Disruption of current program
   4. Requirement to be educated in a foreign language or culture with ensuing loss of time in grade level
   5. Availability of special requirements, such as training programs or internships in specific fields
4. Personal considerations, in regards to:
   1. Close relatives in the U.S. and/or your country
   2. Separation from spouse/children and the ages of involved parties
   3. Length of residence and community ties in the U.S.
5. Special factors, in regards to:
   1. Cultural, linguistic, religious, and ethnic obstacles
   2. Valid fears of persecution, physical harm, or injury
   3. Social ostracism or stigma and access to social institutions or structures