10 Aug DHS expands I-601A Provisional Waiver coverage
By Atty. Crispin Caday Lozano
The Department of Homeland Security issued a memorandum on July 29, 2016, expanding eligibility for a provisional waiver of the 3 and 10 year bar for unlawful presence which takes effect on August 29, 2016.
Q. What has been expanded?
A. The provisional waiver of unlawful presence was expanded to cover all individuals who are eligible to apply for green card in the employment and family based preferences. Originally, only immediate relatives of U.S. citizens are covered by the provisional waiver. Under the new rule, all individuals are covered for as long as they have an approved immigrant petition that has a current priority date and the applicant can show extreme hardship to his or her U.S. citizen or Lawful Permanent Resident spouse or parents.
Q. What is the purpose of provisional waiver?
A. The purpose is to allow those who are qualified to apply for green card but could not adjust status in the U.S. because they are subject to the 3 and 10 year bar for unlawful presence in the U.S. Unlawful presence means the nonimmigrant visa of the alien has expired or the alien entered the U.S. without inspection. Once a provisional waiver is approved, the applicant can travel to his or her country of birth and have his green card process at a U.S. Consulate there.
Q. Who benefits from this provisional waiver?
A. The following individual may benefit from this provisional waiver rule:
- Seaman or Crewman (jump ships), who do not have Section 245(i) eligibility;
- Those who entered the U.S. without inspection (EWI), but do not have Section 245(i) eligibility or a close family member who is on active duty or US veteran;
- K-1 fiancée visa entrants, but did not marry the US citizen who petitioned them.
Q. What is the procedure to avail of this new rule?
A. All individuals who have an approved I-130 or I-140 petition that is currently being processed under Visa Bulletin Chart A by the Department of State may file a Form I-601A with proof of extreme hardship to the U.S. citizen or Lawful Permanent Resident parents or spouse. Once approved, the applicant may travel to his or her country of nationality and process his or her visa at the U.S. Consulate there.
A. What is not covered by the provisional waiver rule?
Q. If you have been deported, removed or excluded from the United States, you must first file the I-212 waiver and receive conditional approval before proceeding with the I-601A application. Approval of I-601A waiver does not eliminate any other grounds of inadmissibility the applicant may have accrued in the United States. The I-601A waives only the unlawful presence that is subject to the 3 and 10 year bar.
Note: This is not a legal advice. The Law Office of Crispin C. Lozano has successfully received approvals for many Provisional Waiver cases
- On July 29, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for entering as single but actually married.
- On July 21, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for using a different name.
- On July 11, 2016, we received an approval of I-360 self petition by abused spouse from USCIS.
- On June 15, 2016, we received an approval of I-601 waiver for a client who made a misrepresentation when she entered on an A2 visa under another person name.
- On May 25, 2016, we received an approval of green card for a client who used a different name from her birth certificate. We proved that she has been using her different name since she was in grade school.
- On April 28, 2016, we received an approval of PERM for a client who is employed in the Philippines.
- On April 19, 2016, we received an approval from USCIS for naturalization of a client who has a criminal record that happened five years ago.
- On April 11, 2016, we received an approval from USCIS for adjustment of status for a client who used a different name on her passport.
- On April 5, 2016, we received an approval from USCIS for petition by son to a father. The son was born out of wedlock and the father’s name was not on his birth certificate.
- On March 8, 2016, we received an approval of immigrant visa for a former crewman with whom we filed for provisional waiver.
- On February 3, 2016, we received an approval from USCIS of naturalization for client who has an approved waiver of misrepresentation.
- On January 28, 2016, we received an approval from USCIS for an I-360 self petition for abused spouse of U.S. citizen.
- On January 26, 2016, we received an approval from USCIS for an adjustment of status for client with big age difference with the U.S. citizen spouse based on good faith marriage.
- On December 18, 2015, we received an approval of petition for adoption that was previously denied because client did the petition by them.
- On December 11, 2015, we received an approval of DACA for a client who was in removal proceedings.
- We have more success stories at our website at crispinlozanolaw.com