The I-601A, Provisional Waiver, program first became effective in 2013.
This allowed certain individuals to file for a waiver of the 3 or 10 year
unlawful presence bar from within the United States rather than first
leaving the country before filing. Effective August 29, 2016, the I-601A
waiver process will be expanded to allow more people to utilize this program.
Currently, to be eligible to file an I-601A, the applicant must be the
beneficiary of an approved immediate relative petition and show extreme
hardship to a U.S. citizen parent or spouse. The expansion would allow
the beneficiary of any immigrant visa petition, not just an immediate
relative petition, to file an I-601A. Additionally, the qualifying relatives
to which extreme hardship must be shown, will now include LPR parents
The other main change to the I-601A program is that individuals with a
final order of removal will now be able to apply for an I-601A if they
have received provisional approval of an I-212, waiver of removal. This
eliminates the need to seek Department of Justice coorperation to reopen
immigration court cases to resolve the removal order.
If you have a final order of removal and have been previously unsuccessful
in reopening your case, you may now still be able to proceed with an I-601A
case. Contact Kelli Y. Allen Law at 704-727-4900 to see if this new program
might be beneficial.