DHS published the final rules on the Provisional Unlawful Presence Waiver of Inadmissibility for Certain Immediate Relatives on January 3, 2013. On March 4, 2013, persons who entered the US without inspection or who are otherwise ineligible to adjust their status in the US may apply for an I-601A waiver for their unlawful presence.
Immediate relatives may avoid submitting waivers of inadmissibility based on unlawful presence (those subject to the 3-year or 10-year bar) abroad, thereby circumventing being separated from their families for months while their waivers are in review. The I-601A process will allow individuals to obtain waivers domestically, attend interviews abroad, and return within as little as a few days.
Who qualifies? The applicant must be: (1) an immediate relative of a US citizen – parent to an adult (over 21) US citizen son or daughter, child (under 21) of a US citizen, or spouse of a US citizen; (2) physically present in the US; (3) at least 17-years old at the time of filing; (4) the beneficiary of an approved immigrant visa petition; and, (5) must demonstrate “extreme hardship” to a qualifying US citizen relative.
If you have any questions regarding a potential I-601A Provisional Waiver application, please contact us.
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation.
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