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Why Shouldn't You Apply for an I-601A Waiver?
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The I-601A waiver is designed to help individuals in the U.S. without legal status but who are eligible for a green card. It waives the penalty for unlawful presence, allowing you to obtain a visa from your home country. To qualify, you must prove that your absence would cause extreme hardship to a U.S. citizen or permanent resident spouse or parent.
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However, it’s critical to understand the risks involved, especially in the current environment.
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The process requires you to leave the United States and attend an interview at a U.S. consulate abroad. Once you leave, the consular officer has the authority to deny your visa for reasons beyond unlawful presence. This denial could be based on your history—or it could be influenced by political directives.
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Right now, these decisions are becoming increasingly unpredictable. Unlike in the U.S., where some denials can be appealed, a denial issued abroad is final. There is no appeals process and no legal recourse to challenge the decision.
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This means that even if your application is prepared perfectly, there is a significant risk that you will not be allowed to return to the U.S. If your visa is denied, you could face years of separation from your family—or even permanent exclusion.
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Given the significant risks involved and the lack of any effective way to mitigate them, we cannot recommend filing this application under the current circumstances.