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PROVISIONAL WAIVERS

New Policy:  Form   I-601A   Provisional Waiver

Beginning March 4, 2014, certain immediate relatives of US Citizens may apply for a waiver of inadmissibility without leaving the United States. In the past, individuals who entered the United States illegally, even if married to a US Citizen, were required to apply for consular processing in the US Consulate in their home country. This lead to families being separated for months or even years while waiting for a waiver to be approved, if at all.

Eligibility Requirements

1. The sole ground for inadmissibility is unlawful presence for more than 180 days.

2. The applicant is the beneficiary of an approved I-130 (petition for alien relative) or I-360 (petition for Amerasian widow(er), and special immigrant) petition classifying him or her as an immediate relative.

3. The applicant is physically present in the U.S. at the time of filing the provisional waiver.

4. The applicant appears for biometrics processing in the U.S. (fingerprints and photos).

5. The applicant establishes that his or her U.S. citizen spouse or parent would suffer extreme hardship if the applicant is denied an admission to the U.S. as a permanent resident.

6. The applicant warrants a favorable exercise of discretion.

7. The applicant is 17 years or older at the time of filing the application.

Ineligibility Factors

1. The applicant is outside the United States.

2. The applicant does not have an approved I-130  or I-360 petition classifying him or her as an immediate relative.

3. The applicant has not paid the immigrant visa processing fee to the Department of State and is not actively pursuing the immigrant visa process.

4. The applicant has already been scheduled for an immigrant visa interview (U.S.C.I.S believes that the waiver application should be parallel to the immigrant visa processing and where the applicant has already been scheduled for interview, the waiver application would delay and not be parallel to the immigrant visa process).

5. The applicant is under the age of 17 when the provisional waiver application is filed.

6. The applicant is in removal proceedings that have not been terminated or dismissed.

7. The applicant has not had a charging document (NTA) to initiate cancellation proceedings cancelled.

8. The applicant is in removal proceedings that have been administratively closed and not subsequently reopened for the issuance of final voluntary departure order.

9. The applicant is subject to a final order of removal.

10. The applicant has a pending application for adjustment of status to permanent residence.

11. U.S.C.I.S. has reason to believe that the applicant is subject to other grounds of inadmissibility.

12. The applicant fails to establish extreme hardship to the qualifying relative or does not merit a favorable exercise of discretion.

13. The applicant previously filed a provisional unlawful presence waiver application.