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Provisional Waiver (I-601A) Mistakes that can Ruin your chances of immigrating

Updated: Aug 12, 2021

Providing inaccurate entry date(s) information in your provisional waiver packet can result in your waiver getting denied and being found inadmissible for the ten (10) year permanent bar for which there is no waiver. The ten (10) year permanent bar requires living outside of the U.S. for 10 years before being able to immigrate. Sometimes not applying is better than applying if your provisional waiver packet is not done right.

Anyone who enters the U.S. without lawful status may not have any specific records of when they last entered the U.S., which is why it is very important for your attorney to ask enough questions to assist you in remembering your time of entry. Even if you do not remember specific dates or times, it is important to try to relate your time of entry to other more significant events in your life. For example, try to recall the time of year you entered, was it hot or cold, green or dry, close to a holiday, major family event, such as a birth, baptismal, wedding, death etc.

If you don't remember, don't just make up a date. Your attorney should try to help you remember and make sure all of your imperfect recollections reflect your factual immigration history as best possible, and your attorney shouldn't be shy about using a calculator or other tools to make accurate estimations of your U.S. entry(ies).

If your attorney is not sufficiently thorough and consistent in reporting your unlawful entry(ies) or other information in all of your forms, statements, letters etc., immigration officials could use those discrepancies and seemingly insignificant errors against you.

Do not fall victim of negligent legal work. If you feel that your attorney or other legal professional isn't paying enough attention to your case, talk to them about it. You are also free to call another attorney for a consultation to get a 2nd or 3rd opinion. Your legal status is not just about you, it's about your family's future also. Your immigration case matters and it shouldn't be taken lightly. When in doubt, check it out.

Even if a mistake has been made in your case, we might be able to help you fix it. Call us for consultation. We're happy to help in any way we can.


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