I’m an Illegal Immigrant, What Is a Form 601A?

The process of obtaining a status to come to the United States legally can be difficult. It is because of this that those who do so illegally and have a qualifying immediate relative to petition for them can file either the 601 or 601A application. These matters can prove to be complicated, which is why it is beneficial to have the assistance of an experienced New York immigration attorney to guide you through this process.

Simply put, a 601 or 601A petition can be filed in order to request that the government waives a foreign individual’s unlawful presence in the country. This is done based on some form of undue hardship. The specialized waiver-request form is can be used by any immigrant applying for a waiver of inadmissibility to overcome a barrier of obtaining a green card. The 601 is filed if the individual is outside of the United States, while the 601A was created so that individuals within the country who have unlawful presence can stay while their application is pending. They only must leave to their home country once the application is approved.

When filing for a 601A, applicants are required to meet criteria, such as:

• They are physically present in the United States
• They are at least 17 years old at the time of filing
• They have an immigrant visa case pending with the Department of State
• They believe they are or will be inadmissible only for a period of unlawful presence in the United States that was more than 180 days, but less than on year during a single stay or one year or more during a single stay

There are also a variety of reasons as to why a person may not be eligible to receive an unlawful presence waiver. This may be if they do not meet the requirements above, are in removal proceedings, are subject to an administratively final order of that was issued against them, the Department of Homeland Security entered a final decision reinstating a prior deportation, are currently subject to an unexpired grant of voluntary departure, or they fail to establish that their citizen or LPR relative would experience extreme hardship if they were refused admission to the country.

Individuals filing a 601A form are required to provide certain information. This includes the following:

• Identifying information
• Address and contact information
• Their country of birth and citizenship information
• Information about their last entry to the United States
• Information about their previous entries to the United States
• Information about their immigration or criminal history
• Information about their petitioner
• Information about their qualifying relative

Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.