I-601A Waiver

Immigration Solutions to Advance Strong Cases

The Provisional Unlawful Presence Waiver waives the 3 and 10 year inadmissibility bars for qualified individuals seeking lawful permanent residence.  The Expansion of the provisional waiver has been announced in a  Final Rule.  The Expansion of the provisional waiver expands the provisional waiver to include not only immediate relatives of U.S. citizens who can show that denial of admission will result in extreme hardship to a U.S. citizen spouse or parent but also also spouses and children who accompany or follow to join principal immigrants. Under this final rule, beneficiaries must obtain an immigrant visa abroad, establish extreme hardship to a U.S. citizen or LPR spouse warranting a favorable exercise of discretion and meet all other regulatory requirements.

Extreme hardship may include the following criteria:

  1. Health-related extreme hardship:  e.g. chronic health conditions; psychological evaluations; medical records.
  2. Financial-related extreme hardship: e.g. financial statements, debts, monthly budgets, paychecks
  3. Education-related extreme hardship: e.g. tuition and transcript documents, individual education plans, learning assessments
  4. Cultural-related extreme hardship: e.g. U.S. immigration status for family members, language barriers, acculturation difficulties, Safety-related extreme hardship: e.g. travel advisories

The expansion of the provisional waiver took effect August 29, 2016.

Disclaimer: The information contained on this webpage is provided for general information only and should not be construed as legal advice or the formation of an attorney/client relationship.