A Comprehensive Guide to Applying for the 212(a)(6)(C)(i) Waiver

  1. Introduction to Form I-601A Waiver
  2. Understanding the 212(a)(6)(C)(i) Waiver
    • What is the 212(a)(6)(C)(i) Provision?
    • Who Needs the 212(a)(6)(C)(i) Waiver?
  3. Eligibility Criteria for the 212(a)(6)(C)(i) Waiver
    • Qualifying Relationships
    • Extreme Hardship Requirement
  4. The Application Process
    • Gathering Required Documents
    • Filling Out Form I-601A
    • Submitting the Application
  5. Waiting Period and Decision
    • Processing Time
    • Notification of Decision
  6. Appealing a Denial
    • Reasons for Denial
    • How to Appeal
  7. Conclusion
  8. FAQs

A Comprehensive Guide to Applying for the 212(a)(6)(C)(i) Waiver

Introduction to Form I-601A Waiver

Navigating through immigration laws can be complex, especially when dealing with grounds of inadmissibility. For individuals facing inadmissibility due to fraudulent misrepresentation under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA), obtaining a waiver becomes crucial. In this comprehensive guide, we will delve into the intricacies of applying for the 212(a)(6)(C)(i) waiver, also known as the Form I-601A waiver.

Understanding the 212(a)(6)(C)(i) Waiver

What is the 212(a)(6)(C)(i) Provision?

The 212(a)(6)(C)(i) provision of the INA pertains to individuals who have engaged in fraud or willful misrepresentation to gain entry into the United States.

Who Needs the 212(a)(6)(C)(i) Waiver?

Individuals who have been deemed inadmissible under this provision require a waiver to overcome the grounds of inadmissibility and pursue lawful immigration status in the U.S.

Eligibility Criteria for the 212(a)(6)(C)(i) Waiver

Qualifying Relationships

Applicants must demonstrate a qualifying relationship with a U.S. citizen or lawful permanent resident spouse or parent to be eligible for the waiver.

Extreme Hardship Requirement

Moreover, applicants must establish that their U.S. citizen or lawful permanent resident family member would suffer extreme hardship if the waiver is not granted.

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The Application Process

Gathering Required Documents

To initiate the waiver process, applicants need to gather relevant documents, including evidence of relationship, proof of hardship, and supporting affidavits.

Filling Out Form I-601A

The next step involves completing Form I-601A, Application for Provisional Unlawful Presence Waiver, accurately and thoroughly.

Submitting the Application

Once the form and supporting documents are compiled, applicants must submit their application package to the designated USCIS address.

Waiting Period and Decision

Processing Time

After submission, applicants must wait for USCIS to adjudicate their waiver application, which typically takes several months.

Notification of Decision

Upon review, USCIS will notify applicants of their decision regarding the waiver application.

Appealing a Denial

Reasons for Denial

In case of a denial, applicants should carefully review the reasons provided by USCIS for the decision.

How to Appeal

Applicants have the option to appeal the denial by filing a Notice of Appeal with the USCIS Administrative Appeals Office (AAO).

Conclusion

Navigating the process of applying for the 212(a)(6)(C)(i) waiver can be challenging, but understanding the eligibility criteria and following the application steps diligently can increase the chances of a successful outcome.

FAQs

  1. What is the processing time for the 212(a)(6)(C)(i) waiver application?

    The processing time can vary, but it generally takes several months for USCIS to adjudicate the application.

  2. Can I apply for the waiver if I do not have a qualifying relationship with a U.S. citizen or lawful permanent resident?

    No, eligibility for the waiver requires demonstrating a qualifying relationship with a U.S. citizen or lawful permanent resident spouse or parent.

  3. What happens if my waiver application is denied?

    If your waiver application is denied, you have the option to appeal the decision by filing a Notice of Appeal with the USCIS Administrative Appeals Office (AAO).

  4. Is extreme hardship the only criterion for eligibility for the 212(a)(6)(C)(i) waiver?

    No, besides extreme hardship, applicants must also establish a qualifying relationship with a U.S. citizen or lawful permanent resident family member.

  5. Can I submit additional evidence after filing my waiver application?

    Typically, USCIS does not allow for the submission of additional evidence after the initial application is filed. It’s crucial to include all relevant documents with the initial submission.

 

How to Apply for the 212(a)(6)(c)(i) Waiver: A Step-by-Step Guide

 

 

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