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Berd & Klauss, PLLC

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One of the eligibility requirements for adjustment of status is that the applicant must prove that they were inspected upon entry into the United States. If the applicant does not qualify for Section 245(i) of the INA, which would require a labor certification or immigrant relative petition to be filed on their behalf prior to April 30, 2001, they will require a I-601 waiver. The I-601 waiver process can be a voluminous and lengthy process which requires much preparation.

The USCIS recently implemented changes to I-601 waiver process, which would allow certain immediate relatives to receive the provisional unlawful presence waivers in a timelier manner if they can prove that their removal from the United States would cause an extreme hardship for their USC or legal resident.



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