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Expansion Provisional Unlawful Presence Waivers

The provisional unlawful presence waiver, 601A, process allows immediate relatives who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview.

Beginning August 29, 2016, the following important changes will go into effect:

  • Children, and spouses of U.S. Permanent Residents (or green card holders) can apply for the I-601A waiver in addition to relatives of United States citizens. This means that the I-601A provisional waiver of unlawful presence will become available for those who have an immigrant visa available to them based on family, employment, or diversity petitions;
  • The USCIS will stop denying waivers for reason to believe that a beneficiary may be inadmissible due to some other grounds except for the unlawful presence;
  • The waiver is  available to those whose consular visa appointments were scheduled prior to January 3, 2013;
  • The waiver is available to those who have final orders of removal, but only if such individuals filed and received a conditional approval of I-212 form application and permission to apply for admission.

Please Note: The waiver also becomes available to derivatives, such as spouses and children, who accompany or join the main applicant.

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