FACTS:
A same-sex couple sought our assistance after the denial of their initial I-601A, Provisional Unlawful Presence waiver – which they prepared themselves. After an initial denial, the client hired our firm to assist them. The client feared that they would almost certainly face persecution if returned to El Salvador because of their open same-sex relationship.
THE LAW:
Since 2013, and in certain circumstances, a client may seek a waiver of inadmissibility for unlawful presence while still in the U.S. before they return to their home country to seek a visa. This applies to clients (non-citizens) who are inside the U.S. but cannot seek “adjustment of status” (apply for a “green card”) from inside the U.S.
In general, a client may seek this waiver if they:
- Are physically present in the United States;
- Are at least 17 years of age at the time of filing;
- Are the beneficiary of an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, that classifies you as the immediate relative of a U.S. citizen**;
- Have a pending immigrant visa case classifying you as an immediate relative with the Department of State (DOS);
- Believe you are or will be inadmissible only for a period of unlawful presence in the United States that was: A. More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or B. One year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).
- **As of August 29, 2016, additional individuals will be eligible for this waiver, including clients who are married to U.S. Lawful Permanent Residents (LPR or “Green card” spouses), and those with U.S. Citizen or U.S. Lawful Permanent Resident Parents.**
THE RESULT
This case was approved and the client returned to El Salvador to consular process. Happily, their case was approved and an immigrant visa was issued. The clients are now happily back in the U.S. and are able to continue their life together.
DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results
