Form I-601A, Provisional Unlawful Presence Waiver

Our office of Los Angeles lawyers has been updated on some facts about the Form I-601A, Unlawful Presence Waiver application from USCIS. The law states that USCIS may deny an I-601A waiver application if USCIS has reason to believe that the individual is subject to another inadmissibility ground.

A public panel recently asked USCIS: when the possible additional ground of inadmissibility is a prior criminal offense, does the existence of any prior criminal offense trigger the automatic denial or must USCIS have reason to believe that the prior offense would actually render the applicant inadmissible?

The response from USCIS stated that it has been determined that it should not find a reason to believe that a prior criminal offense would render an applicant inadmissible and deny an I-601A based on a prior offense if the criminal offense falls under the petty offense or youthful offender exception it if the crime is not considered a crime involving moral turpitude (CIMT).

USCIS went on to add that starting March 18, 2014 the agency will reopen, on its own motion, all I-601A waiver applications that were previously denied prior to January 24, 2014 solely because of a prior criminal offense, in order to determine whether there is a reason to believe the prior criminal offense might render the applicant inadmissible.

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