The USCIS has announced that they will expand the availability of the I-601A Provisional Unlawful Presence Waiver to certain relatives of permanent residents and certain other immigrants eligible for immigrant visas. The Provisional Waiver allows families to stay together in the United States while an immigrant relative applies for a waiver of an unlawful presence inadmissibility. The Provisional Waiver is needed in the case where an immigrant lives in the United States but is unlawfully present. If the individual who is unlawfully present is sponsored for permanent residence (green card), and does not qualify for adjustment of status, the immigrant is required to return to their home country to complete a final interview at the consulate to receive permanent residence. However, there is a catch 22. If the immigrant has accrued a certain amount of unlawful presence in the United States, they are inadmissible and cannot be granted a green card at the consulate. Furthermore, the immigrant will certainly be denied re-entry to the United States. For some, the remedy is a hardship waiver, which the immigrant would have to submit in their home country and also wait for the waiver to be processed. Processing can take anywhere from 1 year to 1.5 years to be processed. Therefore, the immigrant can remain stuck in the foreign country and separated from family for years. This certainly takes its toll on the immigrant and their family. The Provisional Waiver helps immigrants to avoid this traumatic ordeal by allowing immigrants to apply for a waiver of the unlawful presence in the United States. If the Provisional Waiver is approved, the immigrant can return to their home country to attend the final interview with assurance that the waived unlawful presence will not be a basis for denial of the permanent residence.
Though the Provisional Waiver is a good solution to promote family unity in the United States, it was only available to immediate relatives of U.S. citizens. With the expansion, many more families will have the option to stay together during the processing of the waiver and during much of the immigration process. The expanded availability of the waiver goes into effect August 26, 2016. The rule also includes changes to the I-601A Provisional Unlawful Presence Waiver Form.
Disclaimer: The information on this blog is for informational purposes only and is not legal advice nor does it establish an attorney-client relationship.
