hi friends welcome to part two of my
series on the provisional waiver for
unlawful presence if you have not yet
checked out the first part of this
series stop this video right now go
check that out it's really good it's
longer but it'll be worth your time and
this is a topic that you want to learn
about so go ahead and check that out but
in this video we're gonna dive deeper
into who is actually eligible for this
waiver so stay tuned
[Music]
friends thanks for watching this video
and for support and McBean immigration
law TV I'm in my office I'm taking time
out to do these videos for you because I
think you need to get some smart
information and so go ahead and like
this video share it with people and most
importantly hit that subscriber bellow K
or button or whatever it is in the
YouTube world hit it hit it so that you
can be the first to get my videos each
week let's get straight to it
the provisional waiver as I've mentioned
in part 1 of the series is an unlawful
presence waiver only it only addresses
that issue doesn't address anything
about your criminal background or any
other fraud or misrepresentation or any
other issues that you may have that
would make you inadmissible that's
number one number two as I talked about
in that first video is that this waiver
applies only to people who have a
qualifying relative and the qualifying
relative is either your US citizen or
green card holder parent or your US
citizen or green card holder spouse
that's it there's no exception to this
rule if you don't have one of those two
qualifying relatives this is not the
waiver for you you've got to find
another way if there is a way sometimes
there is no way there is no way for a
lot of people you've got to know that
and I know folks watch my videos and
they feel hopeful and I'm so glad that
I'm able to make you feel hopeful but I
want you to know that some people are
not eligible for a green card and you've
got to face that reality unless your
life circumstances change and you become
eligible for it so with respect to this
waiver who is eligible for this unlawful
presence waiver now I have the
instructions in front of me from USCIS
that talks about this I 601a and who is
eligible and I'm going to go through
some key requirements with you first of
all you must be physically present here
in the United States and that makes
sense right because you're talking about
a waiver of your unlawful presence here
the rules have not changed you must be
here physically in the United States
number two you must be at least 17 years
old okay so for usually for immigration
purposes the number that people always
keep in mind is 21 21 but not so in the
case of the i-601 a waiver you must be
at least 17 years old thirdly you must
have some sort of petition an underlying
petition that was approved already
meaning that your relative petitioned
for you
by filing that i-130 right which is the
family petition or potentially it was an
employer that petition for you and they
filed the i-140 and so you have that
approval this is a must you must be
first approved right for either family
based petition or a employment based
petition or maybe even a humanitarian
based petition like the i360 the next
thing is that after you have that
approval counselor process and must have
been triggered meaning that the National
Visa Center has started the process for
you to fill out your visa application
number one pay that invoice fee submit
supporting documents to the NVC and when
I say NVC this is under the State
Department different agencies State
Department and so you're doing all of
that and you have a receipt to show that
you have paid the fees to start your
visa application online with the NBC so
that they can then send your file over
to the US Embassy in that country which
is where you're from where you will be
interviewed down the road right so
you've got to have that that has to be
in process you cannot file the i-601
a waiver unless consular processing has
been triggered the other thing is that
this applies to people as I said in my
first video on this topic it applies to
people who have accrued unlawful
presence waiver
provides an avenue for you to apply for
forgiveness of that unlawful presence so
that you can go and get your
interview done at the US Embassy in your
country and get your green card that way
so that's all I'm going to share in this
short video please go ahead and comment
below and tell me what your thoughts are
with regard to what I've said in this
video about the waiver okay friends
thank you so much stay tuned for part
three in this series on the unlawful
presence waiver thanks very much for
watching bye-bye