When do DACA Holders need an I-601A Hardship Waiver in the Consular Process?

The I-601A Hardship Waiver is a process to forgive Unlawful Presence in the United States in advance to departing the US to attend a Consular Interview abroad at a US Embassy or Consulate.

What is Unlawful Present?

Unlawful Presence begins at and after the age of 18, and when someone has more than 180 days or 1 year’s worth of Unlawful Presence, they will be inadmissible to becoming a Lawful Permanent Resident (aka Green Card Holder).

How does DACA help?

DACA is a program that “freezes” the Unlawful Presence Clock. If someone receives DACA prior to the age of 18, then they may not have accrued Unlawful Presence and would not need an I-601A Waiver. If someone receives DACA prior to 6 months after their 18th birthday or before they turn 18.5, they too may not need the I-601A. Thus, this is an important benefit of DACA.

To prove DACA has been received and “froze” the Unlawful Presence Timer, the DACA Holder would have to provide the following:

  • Every DACA EAD Card, and using the Validity Dates on the cards
  • Every I-821D Approval Notice, and used the Validity Dates stated on the Notices

If the DACA Holder is missing the evidence to prove the above, performing an electronic USCIS FOIA would be needed.

If you have questions regarding your Immigration Options and the Consular Process, please contact our office to set up a consultation with our Immigration Attorney.

Related Posts:

June 2020 Update: Is USCIS accepting New Initial DACA Filings?

Using DACA Advanced Parole to help Adjust Status (I-130/I-485) versus Consular Process

Electronic I-130: A New E-filing Option

 

 

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