hi friends here's part 3 of the series
that I've been doing on the unlawful
presence waiver you don't want to miss
this one I'm going to discuss who is
ineligible to apply for the unlawful
presence waiver the i-601
a as we call it in the world of
immigration stay tuned
[Music]
okay friends we're gonna dive right into
this one because you know what don't you
just love it when people comment on
YouTube and says the video starts at
2:30 or something like that you know so
in this video we're starting right now
so with respect to the unlawful presence
waiver watch part 1 and part 2 to learn
a little bit more about the purpose of
the waiver how it works
and why why do people pursue this waiver
get that background basic background by
watching parts 1 and part 2 and also by
the way in part 2 I talked about who is
eligible for this waiver here I want to
first of all talk about who is not
eligible and again I'm looking at the
instructions to the i-601 a which you
can pull up yourself and see it for
yourself if you want to read you know I
know some people don't like to read
right that's why they hire a lawyer the
lawyers will read but pull the
instructions for yourself and see what
what it has to say about this before you
consider filing this waiver
now who is ineligible to do this firstly
if you don't meet all of those
requirements that I discussed in part 2
of my video and what's in the
instructions obviously you're ineligible
secondly you're ineligible if you have
an adjustment of status application
pending with the government meaning that
they have not made a decision on it
they're still considering it but guys if
you have I for 85 pending the adjustment
of status application pending your you
can apply for this because the purpose
of this waiver is for people who are not
eligible to adjust their status by
staying here in the United States and
get in the green card so for those
people who are ineligible for adjustment
of status if they are eligible for this
waiver it allows them to counselor
process meaning that they have to go
back to their country to be interviewed
at the Embassy if you have an adjustment
of status application pending the
government will deny this i-601 a
waiver application so you cannot have
both going at the same time just doesn't
work that way it's one or the other now
secondly if you're in removal
deportation proceedings you can't file
this waiver unless unless your case is
administratively closed unless the judge
closes your case pending something like
this pending the approval of your i-601
a waiver the government USCIS will not
approve your i-601 a application unless
you provide proof that your case in
court has been administrative leak losed
it's not on the docket you don't have a
hearing date coming up soon right it's
been administratively closed for a
period of time so that you may pursue
other strategies outside of court
administrative closures are getting
harder and harder to obtain these days
by the way under our new administration
so just an FYI very difficult to obtain
it it depends on the facts and the
circumstances of your case and then
certainly if you have an order of a
final order a final decision has been
made by the Department of Homeland
Security the instruction says that
you're not eligible for this waiver if
you are subject to an administrative
leaf final order of removal meaning the
judge made the decision that you've got
to go that you're it's that's it you've
got to go right final order of removal
exclusion or deportation if it has been
entered against you or issued against
you you're not eligible to apply for
this unless unless you apply for and
USCIS has already granted an application
for permission to reapply for admission
under Section 212 that's another
complicated area that I'm not going to
address in this video but that is an
exception that's allowed here for people
who have that final order of removal and
then it goes on to say that if you're
currently subject to an unexpired
of voluntary departure meaning that you
are in removal and the judge has
accepted your requests right and DHS
right has accepted your request to
voluntarily depart or leave the country
on a certain date and it's not a final
order of removal against you which has
other very serious consequences for your
reentry the voluntary departure is it
operates very differently than that the
less severe option that people pursue in
immigration court so that when they do
leave on the date that had been agreed
to with the government they can reapply
down the road for a visa or green card
so voluntary departure is something that
is available for a number of people now
this says that you're currently subject
to an unexpired grant of voluntary
departure from a judge an immigration
judge or the BIA next if you fail to
establish that your US citizen or green
card holders spouse or parent would
experience extreme hardship if you were
it refused admission to the United
States or that USCIS should approve your
application as a matter of discretion in
a nutshell what this is saying is that
you must have that qualifying relative
that we discussed in part 1 and part 2
you must have that relative number one
and number two you must be able to prove
that that relative will suffer extreme
hardship if you have to be sent back
home or denied admission to the United
States that's a very technical nuance
phrase that I just said you can still be
here physically in the United States and
not be considered to be someone who had
been admitted that's another area we may
get into it down the road but it is a
nuanced area of the law so that's in a
nutshell what the instructions has to
say about people who are ineligible to
apply for this waiver it gets much much
much more complicated than what I just
shared in this short video not every
single issue nuance and topic have been
covered here work with an attorney if
you
think that you may be accruing unlawful
present comment below know that I read
as many comments as possible but I get
thousands of comments on YouTube not
just on my current videos but on past
videos on Instagram on Facebook and this
is a working girl here I run I have a
practice here so please be patient with
me I cannot get to every single comment
but I try my best to scan your comment
and respond to hot topics or issues that
I think other people may be questioning
as well so be kind in your comments and
be sure to share this video with other
people and stay tuned for part 4 of this
series on the unlawful presence waiver
comment below tell me what you thought
about this video and if you have a
specific question I will again try my
best to read the skin through your
comment and try my best to respond to
some of your comments thanks guys for
watching and I'll see you in the next
one bye bye
hi friends welcome to another episode
why do I keep saying episode 1 hi
friends here I am with another episode
is this TV episode do I say episode
let's try this one more time