Am I eligible for family unity waiver that cures unlawful presence? What family relationships count as qualifying relative?

The first step to determine if you are eligible to apply for a family unity waiver is to verify the immigrant applicant has a qualifying relative.

To be eligible to apply for a family unity waiver, the immigrant applicant must have either a US citizen or legal permanent resident spouse or parent. Unfortunately, children are not included by law. However, our team strongly recommends including information about them with the waiver application because USCIS will review it, but give it less weight compared to qualifying relative who are a US citizen or legal permanent resident spouse or parent.

Our first step with Ting Law Group is to verify that the immigrant applicant has a qualifying relative that exists prior to hiring our law firm.

Our law firm’s second step is to collaborate with you to gather hardship evidence for this waiver application. For example, this may include documents relating to income, expenses, obligations that affect future hardship to the qualifying relative. Our team provides a thorough checklist and works with you to think outside the box to get the waiver application approved.

In the situation that USCIS requires additional information, they will send an official letter normally referred to as a Request for Evidence. Sometimes, USCIS requests the same information that our team already provided. However, we will take that opportunity to provide recent evidence.

Here is the takeaway: An immigrant applicant is required to apply for a waiver in situations when the person entered the United States without a waiver or entered the United States with a visa, but overstayed and has a family preference relationship. Unlawful presence is an inadmissible ground. 601a is the application for waiver of inadmissibility.

Please answer a few questions on our form and our law firm can verify if you are eligible to apply for family unity waiver to cure any unlawful presence. Our team will then work with you to gather evidence of hardship and help you get your waiver application approved.