Apply For a Stateside Waiver

If you are planning on visiting the United States soon, you should apply for a stateside waiver. This form will allow you to enter the United States for a specified period of time without facing any immigration consequences. However, it is important to understand the requirements and conditions before applying. In this article, you will learn the conditions and requirements for a stateside waiver.

Application for a Stateside Waiver

When applying for a stateside waiver, you need to include as much information as possible about your situation. If you are unsure of how to proceed, you should consider contacting an immigration lawyer. An experienced attorney can guide you through the process and ensure that you have all the information needed to succeed.

If you have a previous conviction that has barred you from entering the United States, you may apply for a provisional waiver. These permits will allow you to enter the U.S. if you have been living in another country for three years or less. You can also apply for a waiver if you are applying for a green card and have a prior removal penalty. The application process can be time-consuming and expensive, so it's important to contact an immigration attorney as soon as you are unsure of how to proceed.

The stateside waiver process is very similar to applying for a consular visa. With the stateside waiver, you can submit your application before leaving the U.S. A provisional waiver is usually approved when you have an approved I-130 petition. Depending on the visa you are applying for, you might need to present your case at a consular interview. If you are denied, you could be stranded outside the U.S. for months or years.

Form I-601A

If you're a foreign national seeking a visa to enter the U.S., you may be eligible to apply for a Form I-601A for Stateside Waiver. The process involves assessing the grounds for inadmissibility and submitting proof of the hardship you are facing. If you're unsure of your eligibility, it's best to consult an immigration attorney.

You must explain why you're inadmissible, including the fact that you've been in the U.S. illegally. You must prove that the inadmissibility is caused by an extreme hardship to the qualifying relative(s). This can include the economic hardship, medical problems, country conditions abroad, or any other hardship or harm your relatives may be experiencing.

Conditions

The Department of Homeland Security's Visa Waiver Program, which is administered jointly with the State Department, provides an alternative visa route for citizens of 39 countries. The visa waiver enables individuals to enter the United States without a visa for up to 90 days. Applicants must meet certain inspection requirements and must not exceed the 90-day visa stay. However, even if an individual is granted a waiver, it does not mean that they can stay in the country permanently.

If you have a criminal history, you may have to seek assistance before applying for a stateside waiver. The government requires a series of forms and interviews with foreign consular officers. Those with criminal convictions should consult with an immigration attorney before pursuing the process.

Requirements

The Requirements for Applying For a Stateside Waiver (SWA) vary by country and are based on the hardship experienced by the applicant's qualifying relative. Applicants must show that their hardship is severe enough to keep their qualifying relative from immigrating to the United States permanently. The hardship may be the result of family separation, medical issues, or country conditions abroad.

If the waiver applicant is currently in removal proceedings, they will be ineligible. They may have been arrested, convicted of a crime, or are in deportation proceedings. If this is the case, an experienced immigration attorney can help close their deportation case or obtain post-conviction relief.

How to apply

Earlier this year, the Obama Administration announced a new program called a Stateside waiver. It allows certain relatives of U.S. citizens to apply for permanent residence while in the United States. If approved, a Stateside waiver enables the applicant to file an immigrant visa application and schedule an interview at a consulate. Once approved, the applicant will then re-enter the country as a permanent resident. To qualify, the applicant must have a qualifying relationship with an adult U.S. citizen, such as a parent or spouse. Children, however, are not allowed to be qualified relatives.

While most applicants are not called for stateside waiver interviews, the USCIS reserves the right to do so if necessary. While it will likely not deny your application outright, the government will send you a Request for Evidence (RFE) if there's an incomplete application or missing information.