I-601A Provisional Waiver

Are you in need of a provisional waiver? Experienced New Jersey immigration lawyer Susan Scheer of the Scheer Law Group explains the I-601A Provisional Waiver process. Please call our immigration lawyers at our Morristown office today.

I-601A PROVISIONAL WAIVER REQUIRED DOCUMENTS

For Unlawful Presence

Required Documents

To Show Hardship to you, your US Citizen Spouse

• Notarized Affidavit from USC spouse.
• Notarized Affidavit from you.
• Photos of family (birthday parties, holidays, pets, babies, etc.)

Evidence of Status and Relationship:

• Evidence of your relationship to your spouse. Documentary evidence of such relationships may include copy of birth records, marriage certificates.
• Evidence of your spouse’s immigration status:  Copy of naturalization certificates, birth certificates, green cards, and passports.

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Evidence of Medical Hardship:

• Original Doctor’s letter regarding ANY medical, emotional, mental/physical incapacity condition and the treatment involved of your spouse (or a close relative that your spouse/parents take care of).  The doctor’s letter must include nature of condition (chronic or acute, or long or short term), ongoing treatment needed, specialized treatment needed, duration of treatment, availability and quality of treatment abroad (if known).

• Copy of medical and hospital records your spouse (or a close relative that your spouse takes care of).

Evidence of Financial Hardship:

• Letters or documents showing financial contributions to your family.
• Proof of paying: (Provide Copies)
• Rent/mortgage—If you do not have a lease/mortgage: See sample affidavit from landlord attached.
• Utility bills
• Child support to any children (including from previous relationships)
• Childcare
• Alimony/Pension (including previous relationships)
• Groceries
• Education related expenses: private school, tutors, school books and supplies, transportation
• Vehicle titles and insurance policy
• Medical bills, hospital bills, prescription bills, health insurance bills

Proof of Income:

• If you are employed, an original letter from your current employer. It should include information regarding the nature/duration of your employment, and your earnings.
• Copy of documents regarding ownership of property, business, assets, stock, etc.
• Original Letter of Employment for spouse. It should include information regarding the nature and duration of employment, and hours and earnings.  (sample letter )

Evidence of Emotional Hardship:

• Original Psychological evaluation of USC spouse stating how your spouse would be affected by your departure.

—Ask for list of psychologists recommendations

Evidence of Education:

• Copy of School Records of you, your spouse, and your children that include
• Grades
• Participation in any Special Needs Program
• Participation in Advanced Placement Program
• Letters/Documents confirming participation in sports, and extracurricular programs

Evidence of Hardship if spouse relocates to foreign country:

• • Newspaper articles/documents regarding violence, war, natural disasters, living conditions, etc.

To Show Good Moral Character

• 2- 3 Notarized Affidavits of witnesses attesting to your good moral character
• They must be US Citizens/Legal Permanent Residents: family members, friends, coworkers, landlord and priest/pastor. Sample affidavit
• Letters/documents showing participation and volunteer work in your community.  For example:  any help that you have given to neighbors, such as yard work, rides, etc
• Original letters of recommendation from past employers

• Original letters of recommendation from religious organizations you belong to
• Original police clearance letters from every city where you have lived since age 15
• Copy of driving record (if applicable)
• Copy of tax records (evidence that you have paid taxes for every year you have worked) (Including: IRS Letter 1722 (call 1.800.829.1040 and ask the agent to fax the form to you)
• Copy of school records (college or vocational or English language training, etc.)
• If you have ever been arrested:
• Original certified disposition for every arrest (if applicable)
• Copy of certificates of completion of rehabilitation programs (AA, NA, Life Skills, domestic violence, driving under the influence, or controlled substance)
• Original letter to my probation/parole officer.

>> What is the difference between a Visa Waiver and a B Tourist visa?

The best way to enter the U.S. depends on what you plan to do here, and on how long you want to stay.

Visa Waiver

Currently about 40 countries in the world participate in the Visa Waiver program. This allows tourists to come to the U.S. with nothing more than a passport and a round-trip ticket, without visiting the Embassy to apply for a visa. These last 90 days and cannot be extended or converted into a different type of visa. The only exception would be if you married a U.S. citizen during those 90 days. You might, then, be able to stay and interview for a green card.

B Tourist Visa

If you know you want to stay in the U.S. longer than 90 days, you will need a B visa. To obtain a B-1 (business) or B-2 (tourist) Visa, you need to go to the U.S. Embassy in your home country and apply, submitting your “plan” – no matter if your intent is to celebrate a holiday or family occasion, travel across the country, etc. You also need to prove temporary, rather than permanent intent to travel to the U.S., and prove that you have permanent ties in your home country. This can be difficult for the young or the elderly, who might not have a job or many family members in their home country. However, once in the U.S., you can seek an I-94 authorization to stay in the U.S. for up to six months. Also, if you have a B visa you can attempt to convert it to an H-1 professional visa or F-1 student visa.

IMPORTANT: REMAIN IN CONTACT WITH THE OFFICE FOR ADDITIONAL IMPORTANT I-601A PROVISIONAL WAIVER DETAILS

Download Our Free Immigration Guide

If you have a relative that is a US Citizen and you require more time, contact our experienced New Jersey Immigration Lawyer to discuss your I-601A Provisional Waiver.