USCIS will start accepting application for the new Form I-601A waiver on March 4. The new waiver process will allow the immediate relatives of U.S. citizens to apply for a provisional unlawful presence waiver right here in the U.S. before their visa interview abroad. Once approved, they will legally remain in the U.S. and only leave family to attend their immigrant visa interview abroad.
Under this new rule, the applicant:
Must be present in the U.S. at the time they file for the waiver
Must prove hardship to U.S. citizen spouse or parent
Must be barred from readmission based only on unlawful presence in the U.S. and have no other grounds of inadmissibility
Must be a beneficiary of an approved immediate relative petition
Must have a case pending with the Department of State based on the approved immediate relative petition and must have paid the IV processing fee
Must depart from the United States to obtain the immediate relative immigrant visa
Must be able to prove extreme hardship to her or his U.S. citizen spouse or parent
The applicant will still have to leave the U.S., but they can do so at the most appropriate time in order to avoid the lengthy separation from their families. Applicants whose immigrant visa cases were terminated are eligible if they have a new immediate relative petition filed by a different petitioner. If an applicant’s waiver has been denied, a new waiver with the appropriate fees can be filed.
Who is not eligible?
Applicants under the age of 17
Applicants subject to other grounds of inadmissibility
Applicants with scheduled IV interview before the publication of this rule
Applicants without an immigrant visa pending with the Department of State
Applicants in removal proceedings
Applicants subject to final orders of removal
Applicants with pending applications to USCIS for adjustment of status
Aime M. Katambwe, Esq. is a local Immigration Attorney with WorldEsquire Law Firm. Visit our website www.worldesquire.com for more information.