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If you are an immigrant living in the United States with no status and you are married to a U.S. citizen or lawful permanent resident, you may be able to apply for a green card through a process called "adjustment of status." However, if you entered the U.S. illegally, you will need to file an I-601A waiver to overcome the unlawful presence bar.

The I-601A waiver, also known as the provisional unlawful presence waiver, allows certain individuals who are physically present in the U.S. to apply for a waiver of the three- or ten-year bar that they would otherwise face if they leave the U.S. to apply for a green card at a U.S. embassy or consulate abroad.

I-601A waiver Checklist. You will need to follow these steps:

  • Gather evidence: You will need to provide evidence to prove that your spouse or parent who is a U.S. citizen or lawful permanent resident would suffer extreme hardship if you are not granted the waiver.
  • Complete the application: You will need to complete and submit the I-601A waiver application along with the required filing fee and supporting documents.
  • Attend biometrics appointment: You will be required to attend a biometrics appointment to provide fingerprints, photographs, and a signature.
  • Wait for a decision: USCIS will review your application and make a decision on whether to grant or deny the waiver. If the waiver is granted, you will be able to proceed with the adjustment of status process. If it is denied, you may be able to file an appeal or reapply.

It is important to note that the I-601A waiver process can be complex and time-consuming. It is highly recommended that you seek the guidance of an experienced immigration attorney who can guide you through the process and help you prepare a strong case.

Chicago Hardship Waiver Lawyer

Claiming Hardship Waivers

To be granted an I-601A Stateside Waiver or I-601 Waiver of Inadmissibility, there has to exist a close relative that will

face extreme hardship if you are forced to go back to your home country. Those applicants that are approved may 

remain in the U.S. while their qualifying family member files their immigrant petitions. 

Examples of I-601 Hardship Waivers

  • A spouse living here in the U.S. is suffering from a medical condition
  • Your children live here in the U.S. and you will be forced to live away from them.
  • You have a disabled family member and if you are forced to leave you will not be able to care for them.
  • You may need medical care that is unavailable to you in your home country.
  • Suffering from economic hardship due to circumstances beyond your control.
  • Your personal safety in your home country maybe at risk
  • You may face religious or political persecution in your home country.

Chicago Immigration and Criminal Defense Lawyer

Hiring the best possible attorney can be the most important decision you can make in your life, it is much like a marriage. Our lawyers are authorized and qualified to assist you with your immigration cases, green card cases, and criminal cases. you want an attorney you can trust, communicate with, and relate to. There are those out there who advertise themselves as "consultants" or "Immigration Services" but are not authorized or qualified to help with immigration law-related matters. Contact a Chicago immigration lawyer at the Odeh Law Group.

We Immediately evaluate immigration law issues for anyone facing difficult and consequential immigration issues. We also serve clients who speak Spanish and Arabic. 

The Odeh Law Group

​11350 S. Harlem Ave.

Worth, IL 60482

(773) 609-4108

Contact Us 24/7 Most messages returned within 30 Minutes


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