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Thread: 601a

  1. #1
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    601a

    Hey guys how does the 601a waiver works? I know if you prove extreme hardship you are eligible but what about your immigration record? Lets say you ewi and were deported once, Can you still apply for it? Also you apply for it then Go to consulate process?

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    The provisional unlawful presence waiver is for people who are not eligible for Adjustment of Status, and thus must leave the US to do Consular Processing, but they have accrued enough "unlawful presence" such that they would trigger a 9B ban upon leaving the US. The provisional waiver provisionally waives the ban that will be triggered upon leaving. You cannot do the provisional waiver if you already have any existing bans -- it can only be used if the only ban is the one that will be triggered upon leaving.

    If someone was deported and then afterwards entered the US illegally after 1996, they would have a lifetime 9C ban, and there is no way to overcome that ban without spending 10 years outside the US. If someone was deported and then entered the US legally, they do not have a 9C ban.

    You have made dozens of previous posts about your situation, which is that you entered legally (we believe) the day after being deported. If you entered legally, that does not trigger a 9C ban. And furthermore, since you entered legally and are in the Immediate Relative category, you are eligible for AOS, and thus do not need to leave to do Consular Processing and don't need to think about the provisional waiver or any of that. (And if somehow you aren't able to establish that you entered legally, you would have a 9C ban, and a provisional waiver wouldn't be possible then either.)
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    This is my personal opinion and is not to be construed as legal advice.

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    Did you ever get your FOIA? Were you inspected?

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