601A Provisional Waiver Process Revised By Executive Order

On November 20, 2014, President Obama signed an Executive Order expanding those qualified to file a 601A provisional waiver for those immigrants already in the United States that entered the US without inspection.  For more details on the 601A provisional waiver and it’s process, please see our webpage.  The benefit of the revised provisional waiver process is to enable the case to be provisionally approved in the United States by USCIS prior to the alien departing the United States to attend the Immigrant Visa interview.  The departure triggers the statutory bar, which would make the alien inadmissible requiring the alien to stay outside the United States for 3 or 10 years depending on the length of unlawful presence in the United States.  Generally the provisional waiver will be accepted by the US Consulate and an Immigrant Visa will be approved, provided there are not any complicating factors.  This is a major improvement from the old process where the immigrant would need to depart the United States and apply for the waiver at the overseas consulate.  If the case was denied, the alien would be outside the United States likely separated from his or her loved ones in the United States.

November 20, 2014 order expands the 601A Provisional Waiver to:

  1. Spouses, sons or daughters of lawful permanent residents; and
  2. Spouses, sons and daughters of U.S. citizens

A visa must be available to be eligible to apply.

Additionally, the memo will clarify the meaning of “extreme hardship”.  The revised criteria is intended to broaden the use of the 601A process.

601A waivers are complex process and requires a detailed analysis.  The documents needed to support a finding of extreme hardship is very detailed and requires a lot of evidence.  The case needs to be submitted in the light most favorable to show that extreme hardship exists both in the event the qualifying relative were to move to the Immigrant’s home country or if the immigrant were to relocate without the qualifying relative.  It’s important to have an experienced immigration lawyer analyze your case and represent you in the process.  Contact Cipolla Law group for a consultation.