Provisional Unlawful Presence Waivers

Immigration Lawyer in San Jose, CA

Are you the spouse of a United States citizen who entered the country without inspection and have been here for some time? If an individual has been in the United States without status for over six months, an I-601A Provisional Unlawful Presence Waiver may allow them to stay in the United States until it is time to appear for their Consular interview. This waiver prevents the individual from waiting ten years before returning to the United States.

As a San Jose immigration attorney, Yemi Getachew’s success in filing these waivers comes from preparing well-documented packets that clearly show the USCIS adjudicator the extreme hardship that would result if this individual is forced to remain in the foreign country for ten years and the hardship if the qualifying United States citizen has to go and live in the foreign country.

Find out more about applying for a provisional waiver by calling (408) 212-0829. We can answer your questions and review your case to determine eligibility and how to proceed.

Why Provisional Waivers Are Denied

Properly filling out and extensively documenting a provisional unlawful presence waiver is essential if it is to be approved. A single mistake or misrepresentation could result in a denial or unnecessary delays. A skilled San Jose immigration attorney, Yemi and her team will take care to make sure your waiver is properly handled from start to finish.

The two most common reasons for waiver I-601A denials are:

  • The petition lacks sufficient evidence of the hardship that family members would experience.
  • The USCIS decides that the case presented does not qualify as an extreme hardship.

These reasons are related, both involving the “extreme hardship” that must be demonstrated to obtain a waiver I-601A approval. At the Yemi Getachew Immigration Law Office, we work carefully to obtain documentation and evidence of the hardship that would be suffered and present our clients’ waivers in such a way as to grant them the best opportunity at an approval. If you have already filed a provisional waiver and it was denied, we can work with you to refile and seek an approval.

Call our firm at (408) 212-0829 to discuss your eligibility for a provisional unlawful presence waiver.

More Than Qualified & Capable Of Handling Your Case

What Sets The Yemi Getachew Immigration Law Office Apart?
  • Compassionate Legal Guidance

    We strive for excellence in every immigration case handled. Rest assured that we will go above and beyond in pursuing the best interests of you, and your family when you turn to our firm.

  • Tireless Immigration Advocate

    In addition to being an experienced immigration lawyer, Attorney Yemi Getachew is also a proud executive committee member of the Santa Clara Valley American Immigration Lawyers Association.

  • Representing Clients Across the Globe

    Throughout our years in practice, we have had the privilege of obtaining legal immigration status for individuals from the Middle East, Europe, Asia, Africa, Central and South America, and Australia.

  • Individualized Attention for Every Case

    When you put the Yemi Getachew Immigration Law Office on your side, we devote ourselves to providing you with the personalized representation and one-on-one attention deserved throughout your case.