Latest Update on I-601A Provisional Waiver

Do I qualify for the new Obama Administration law I-601A provisional unlawful presence waiver, for illegal immigrants?

USCIS is going to start accepting applications for the I-601A provisional unlawful presence waiver on March 4, 2013. This waiver can be a savior for millions of undocumented immigrants. If your answers to the below questions are “yes,” you might qualify for the new Obama Administration I-601A Waiver:

  • * Did you enter the United States illegally (Entry Without Inspection-EWI)?
  • * Are you presently undocumented or illegally present in the United States?
  • * Are you married to a United States Citizen?
  • * Do you have a clean criminal record (note that even with a record you might still be able to file for this application)?
  • * Do you have a form I-130 approved or are you planning to file one?
  • * Will it be an extreme hardship on your US citizen relative (like your spouse, or children), if you have to leave the United States (note that hardships are determined on a case by case basis)?
  • * Are you not getting your permanent residence only because of illegal entry or unlawful presence?

If you answered “yes” to the questions above, you might qualify for the new i-601A Provisional Waiver Program. We recommend that you do not file a case until you consult with an experienced immigration attorney. Our law firm is now accepting cases for applications under this new rule, please call us at 510-742-5887 for more information.

The above is for educational purposes only. You should not act or refrain to act solely on the information provided. Contact a lawyer (510 742 5887) for more information.

SUMMARY: On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications.

Read full 601A waiver final rule

This video goes over ten facts that I have found to be important relating to the new, pending I-601A Provisional Unlawful Presence Waiver. I am also providing some links to documents related to the I-601A Provisional Unlawful Presence Waiver.

Draft of the I-601A form:

Draft of the I-601A instuctions:

Please click the link below for USCIS Q&A:

For Questions & Answers from USCIS

  • Ten Facts (accurate as of the recording of this video):
  • 1. It is not yet available, but should be later this year.
  • 2. You must be beneficiary of IR APPROVED petition from USC. Not pending.
  • 3. You must not be in removal or subject to a removal order.
  • 4. You must not have an immigrant visa interview setup by DOS.
  • 5. The hardship to a USC spouse/parent only can be considered. So hardship to a USC child can not be considered directly, however it may be indirectly considered based on the effect it has on USC spouse.
  • 6. It only waives the unlawful presence bar that would be triggered upon leaving the US, thus no guarantee of readmission.
  • 7. You still must leave the US to apply for a visa.
  • 8. It does not provide lawful status.
  • 9. It does not toll unlawful presence.
  • 10. It provides no interim benefits like an EAD (employment authorization).