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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.
Contact the Ranchod Law Group with offices in Sacramento and Santa Clara at 916-613-3553 or info@ranchodlaw.com if you have immigration questions.
A Detailed list of other information on I-601A Waivers
- Keeping Families Together Through The I-601A Waiver Process
- I-601A Waiver Approval and Success Story for a Mexican National
- I-601A Waiver for National from Guatemala
- An I-601A Success Story: Waiver approval for medical extreme hardship
- Examples of Successful I-601A Waiver Applications
- i-601a Waiver Approval for Client who remained in the U.S. for 15 years
- I-601a Hardship Waiver Approval Notice
- I-601a Approval Document, Client Entered the U.S. Illegally from Mexico
- I-601a Waiver Approvals, Waiver for El Salvadorian Client Who Entered the U.S. Illegally
- i-601a Unlawful Presence Waiver APPROVED for Client from Central America
- i-601a Waiver Approved for Client Who Entered the U.S. Illegally
- Our Latest I-601a Success Story » Provisional Unlawful Presence Waiver
- I-601A Waivers, Client from Mexico entered and resided illegally in the U.S.
- I-601A Waiver Approved for Mexican Client, Unlawful Entry and Unlawful Presence in the U.S.
- I-601A Waiver Approval, Illegal Entry and Illegal Presence
- I-601A Hardship Waiver Approval, Nov. 11, 2016
- I-601A: How Psychological and Financial Hardship affect an approval
- I-601a Provisional Unlawful Presence Waiver Approval 2016-08-30
- I-601A Hardship Waiver Available to Spouses and Children of Lawful Permanent Residents
- I-601A Provisional Unlawful Presence Waiver Approval
- I-601A Waiver Approved for Client by The Ranchod Law Group
- I-601A Waiver Approval from Mexico
- Success Story: Approval of I-601A for Client Brought to U.S. as a Child
- Form I-601a: Common Misconceptions about the New Unlawful Presence Waiver
- Filing Unlawful Presence Waivers (form I-601A), Demonstration of Extreme Hardship
- Provisional Unlawful Presence Waiver (Form I-601A)
- Defects With I-601A Applications
- 5 Reasons Why You Should have an Immigration Attorney Assist You With the I-601A Waiver
- Can I Apply for an I-601A Waiver If Under an Order of Voluntary Departure?
- What you need to know about Form I-601A
- Tips for Completing Form I-601A Provisional Unlawful Presence Waivers
- Eligibility for the I-601A Provisional Unlawful Presence Waiver
- Will I Be Subject to Removal Proceedings If My I-601A Application is Denied?
- How to Prove “Extreme Hardship” for an I-601A Hardship Waiver