Too many who have applied for the provisional unlawful presence waiver program (I-601A) have been denied because of a reason to believe that they were inadmissible for ground other than unlawful presence. As I discussed in a prior post, this waiver can only be filed if you are inadmissible into the U.S. because of your unlawful presence. If you are inadmissible for any other reason, you may still apply for a waiver, but it won’t in conjunction with the provisional unlawful presence waiver.
This “reason to believe” was most common in:
Applicants with minor criminal histories. USCIS denied because there was a reason to believe that contact with the law enforcement caused them to be inadmissible. This is why we insist on a full criminal background for all of our clients before filing the waiver. We want to collect all evidence to show to USCIS from the beginning that they are admissible.
Providing false biographical information to DHS or INS. This is most common with Central and South American immigrants were caught at the Mexican border and wanted to be sent back to Mexico rather than their home country. That way they could quickly try again to enter the U.S. However, the ground for inadmissibility is if the information was done with the purpose of obtaining a visa or other immigration documentation. For example, entering with a fake U.S. passport. Those who lied about their names were not applying for an immigration benefit, and should not be denied under this reason.
The provisional unlawful presence waiver takes a lot of work. It takes strategy, preparation, and attention to detail. I wouldn’t recommend anyone try it without an experience immigration attorney. The risks to getting wrong are loss of fees, loss of time, and possible separation from your loved ones. Don’t take the chance.
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