Persons who entered the US without inspection or who are otherwise ineligible to adjust their status in the US may now 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.