New York Lawyer's Legal Updates

New Changes To I-601A Provisional Waiver

Author: Immigration Hardship Waiver Attorney Alena Shautsova

An I-601A provisional waiver is a "tool" that allows its beneficiary to ask for the waiver of unlawful presence and wait for the result of the application without leaving the United States. It was implemented in 2013 and until recently was available to only immediate relatives of the United States citizens.

On July 29, 2016, the Department of Homeland Security expanded the waiver, allowing more applicants to use it, and easing the restrictions/limitations on qualifications for the waiver.

Starting August 29, 2016, the following important changes go into effect:

1. Sons, Daughters, Children and Spouses of U.S. Permanent Residents (or green card holders) will be able to apply for the I- 601A waiver in addition to relatives of the U.S. citizens. It means that the i-601A provisional waiver of unlawful presence will become available for those who have immigrant visa available to them based on family, employment or diversity visa petitions. For example, a son who overstayed his tourist visa long time ago but who was petitioned by his sister and whose petition is now approved and current, will be able to apply for a waiver, if the son’s mother is a lawful permanent resident. Also, those who recently “won” a DV lottery, and have qualifying family members will be able to apply for the waiver even before their immigrant visa is approved. The waiver also becomes available to derivatives: spouses and children who accompany or following to join the main applicant!

2. The USCIS will stop denying waivers for reason to believe that a beneficiary may be inadmissible due to some other grounds except for the unlawful presence;

3. The waiver becomes available to those whose consular visa appointments were scheduled prior to January 3, 2013;

4. The waiver becomes available to those who have final orders of removal, but only if such individuals filed and received a conditional approval of I-212 form, application for permission to apply for admission. (This is a very important change as it eliminates the need, in certain situations, for motions to reopen).

These new changes are extremely important, and will allow a larger circle of applicants to utilize the waiver without the need to go through stress and hardships of prolonged separation.

If you have further questions, please call us at 917-885-2261 or ask your questions online at!

01 August 2016
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