If you are a U.S. citizen or permanent resident of the United States and your spouse is an illegal immigrant who entered the United States illegally, you are able to help your spouse obtain a green card and put him or her on the path to citizenship.
Spouses and children illegally residing in the U.S. need a waiver before being eligible for a green card. Thanks to a relatively new law, these relatives may get a decision on their case before leaving the United States to consular process. Unfortunately, leaving the U.S. without prior authorization subjects the intending immigrant to a penalty for their unlawful presence potentially separating them from their family for up to 10 years.
For some, but not all, the 10 year bar may be waived or forgiven. The 601A waiver allows immigrants to depart the United States knowing in advance their case will likely be approved and they will return to the U.S. as permanent residents within a matter of days. Only applicants who are immediate relatives of a U.S. citizen (spouses, parents and certain children) are eligible to apply for this waiver. Additionally, the Applicant must have a qualifying relative (parents or spouses) who is a U.S. citizen. Further, applicants must show that denying the case would result in extreme hardship to their qualifying relative(s).
Meeting the extreme hardship standard is the crucial and most difficult element to a successful I-601A waiver case. Miller|Conway is experienced with 601A cases and has great success on behalf of our clients (even those who do not believe they meet the hardship requirement). If you are a U.S. citizen or permanent resident married to an illegal alien call Miller|Conway at 843.764.3334 to discuss your options and evaluate your case. Miller|Conway, Miller|Conway, represent clients nationwide on 601A waiver cases. We use the latest in technology to ensure our out of state clients feel like they are local.