I-130 Petition Attorney In Ontario, California

Immigration laws in California and across the nation can be confusing and complicated. It is difficult to navigate without the right help. But the right attorney can put you on the right path.  The legal team at The Law Office of Curtis R. Aijala, APLC is ready to help. The firm has decades of experience representing people residing in Ontario, California, and the Counties of Riverside and San Bernardino.

His team is bilingual and provide services in Spanish to better serve you and your family.

Understanding I-130 Petitions

An I-130 petition is a document filed with U.S. Citizenship and Immigration Services (USCIS)  by a U.S. Citizen or Lawful Permanent Resident (Green Card holder) to petition a foreign relative to immigrate into the United States. The I-130 petition is used to prove to immigration authorities that a legitimate family relationship exists between the petitioner and the foreign relative. It starts the process for a beneficiary to receive a family-based immigrant visa.

In order to file one of these petitions, you must first determine whether you and your relative are eligible to file. You must gather proof of the relationship between you and the relative for whom you are petitioning, like marriage certificates, photographs of the wedding, or proof of courtship.  Each person’s proof of relationship will be different. Filling out the I-130 petition is the next step. Here, you will need to provide detailed information about yourself and your relatives. After submitting and paying the filing fee, you will receive notice from the USCIS and, later, the result of your request. Your relative will also have to attend a visa interview if the I-130 petition is approved.

An Overview Of The I-601A Waiver

The I-601A Provisional Unlawful Presence Waiver allows certain eligible individuals who are relatives of U.S. citizens or lawful permanent residents to apply for a waiver of inadmissibility for unlawful presence before leaving the United States. This waiver minimizes the time applicants are separated from their families while they complete their consular processing abroad.

Eligibility – Who Qualifies For An I-601A Waiver?

• To qualify for the I-601A waiver, applicants must prove that they are inadmissible to the U.S. solely due to unlawful presence and have an approved immigrant visa petition.
• They must also prove that their absence would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative, such as a spouse or parent.
• Those with other grounds of inadmissibility, like criminal offenses, may need to resolve those issues before applying.

Purpose

The primary purpose of the I-601A waiver is to streamline the immigration process for eligible applicants who need to leave the U.S. to obtain their immigrant visas.

Without this waiver, individuals would face a mandatory bar from reentering the U.S. for three or 10 years, depending on the length of their unlawful presence.

Benefits

The I-601A waiver provides benefits by reducing the time applicants are required to spend outside the United States.

Instead of waiting abroad for months or years, eligible individuals can apply for the waiver while still in the U.S., reducing separation from their families. Also, approval of the waiver increases the likelihood of a smoother consular interview process.

How To Apply For A I-601A Waiver

To apply for the I-601A waiver, individuals must complete and submit Form I-601A, along with the required fees and supporting documents.

Applicants should carefully gather evidence to demonstrate extreme hardship for their qualifying relatives. Once the waiver is approved, they can proceed with the consular interview at a U.S. embassy or consulate abroad.

How Long Does It Take For A I-601A Waiver To Get Approved?

The processing time can vary but usually ranges from six to 12 months. Factors such as case complexity and the current USCIS workload can influence the approval timeline.

What Happens If My I-601A Is Denied?

If an I-601A waiver application is denied, the applicant will need to determine the reasons for the denial and decide whether to file a new application or seek alternative legal options. Consulting with an immigration attorney may help improve their chances of success.

Contact the team at The Law Office of Curtis R. Aijala, APLC, to set up a free initial assessment to learn more. Call 909-983-0877 or use the online contact form to get in touch today.