Expansion of Form I-601A, Provisional Waiver Program

Our Los Angeles immigration attorneys are pleased to share the President’s announcement from last night and elaborate on the new expansion of the provisional waiver program, Form I-601A for unlawful presence.

Under current immigration law, certain undocumented individuals in the U.S. who are the spouses or children of U.S. citizens and lawful permanent residents and who are statutorily eligible for immigrant visas, must depart the U.S. and be interviewed at a U.S. Embassy or Consulate abroad. If these qualifying individuals have been in the United States unlawfully for more than six months and later depart the U.S., they are, by virtue of their departure, barred from returning to the U.S. for 3 or 10 years, depending on certain circumstances.

In January 2013, Homeland Security published a regulation establishing a process to allow a subset of eligible individuals to apply for a waiver of the 3 and 10 year bars before departing the U.S. for the consular interview abroad. This waiver provided eligible individuals with some level of certainty that they would be able to return to the U.S. after their successful interview and would avoid lengthy overseas waits and separation from U.S. family members.

What are the new changes to the Form I-601A, Provisional Unlawful Presence Waiver?

Starting today, the secretary of Homeland Security has directed USCIS to expand on this 2013 regulation and expand access to the provisional waiver program to all statutorily eligible classes of relatives for whom an immigrant visa is readily available. This mean that spouses and children of U.S. citizens as well as Lawful Permanent Residents may request a Form I-601A waiver of unlawful presence as well.

Need additional information and advice?

FREE immigration consultation and advice within 24 hours guaranteed. JCS Immigration & Visa Law Office is located at 2975 Wilshire Blvd. Suite 352 Los Angeles, California 90010 Office hours are Monday to Saturday from 9:00AM to 9:00PM (Appointment Preferred)

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