BREAKING NEWS: On July 29, 2016, USCIS announced a final rule extending the I-601A Provisional Waiver to include spouses and children of lawful permanent residents.
This expansion will go into effect August 29, 2016
Until now, children and spouses of lawful permanent residents seeking to obtain a waiver of inadmissibility due to an unlawful entry and presence were required to exit the country while they awaited an approval of their waiver—which could take anywhere from six to twelve months. They were forced to leave their family, work and lives behind hoping they would be able to return when and if their waiver was granted. If the waiver was denied, they were faced with a three or ten-year bar to admission depending on the length of time they were unlawfully present in the United States prior to exiting.
The expansion will now allow the spouses and children of lawful permanent residents to file for their waiver inside the United States and await a decision here rather than having to exit the country. To qualify for an I-601A waiver, applicants must establish that their lawful permanent resident spouse or parent would suffer extreme hardship if the applicants are not allowed to return to the United States. The expansion does not change the requirement that the applicant exit the country for their interview once the waiver is granted—however the exit is significantly reduced from what would have taken several months of uncertainty to usually only a week or two with an already approved waiver.
If you think you qualify for an I-601A waiver it is important you contact an experienced immigration attorney who can evaluate the specifics of your case to make sure you qualify. There are multiple factors that can affect your case and cause a denial, such as multiple unlawful entries and a criminal record.
Furthermore, preparing and collecting evidence to prove extreme hardship is a daunting task that requires guidance and experience. If you would like to see if you qualify and want to have the merits of your case evaluated, please give the Ranchod Law Group a call to schedule a consultation.