I-601 and I-601A Waivers

On January 3, 2013, the DHS published a regulation which as of March 4, 2013, allows persons who entered the U.S. without inspection (or who are otherwise ineligible to adjust their status in the U.S.) to apply for “form I-601A provisional waivers” to excuse their unlawful presence in the U.S.  unlawful presence in the U.S. Once their waivers are approved by the USCIS, they will be eligible to attend their appointments for immigrant visas (“green cards”) abroad.

The aim of this new program is to avoid having immediate relatives submit I-601 waivers abroad, and then be separated from their families for months or even years while their waivers are pending. Instead, they will obtain their waivers before leaving the U.S., be interviewed abroad and return to their families in the U.S. within a few days.

Not everyone will qualify for this I-601A Stateside Provisional Waiver; however, so contact Sokhn Law and we will help you determine your best options. Spouses and parents of U.S. citizens as well as the citizen’s unmarried children under the age of 21 will be able to apply for the I-601A Stateside Provisional Waiver. To qualify for this hardship waiver, applicants must also meet these criteria:

  • Must be physically present in the United States when applying.
  • Must be at least 17 years of age and be the beneficiary of an approved I-130 visa petition as an “immediate relative” of a U.S. citizen “immediate relative” of a U.S. citizen. Immediate relatives are spouses, parents and children of U.S. citizens. To be considered a “parent”, the sponsoring son or daughter must be at least 21 years of age. To be considered a “child”, the person must be under 21 years of age, although many persons over 21 years of age may still be classified as children under the Child Status Protection Act (CSPA) Child Status Protection Act (CSPA).
  • Have not been scheduled for an immigrant visa interview at the U.S. consulate as of January 3, 2013, the date of publication of the new regulations.

Traditional I-601 Waiver Filed Outside of the US

Unfortunately, not everyone is eligible to take advantage of the new I-601A Stateside Provisional Waiver. Non-citizens who were already scheduled for an interview date may not take advantage of the provisional waiver. Also, spouses and children of permanent residents are not eligible to file the I-601A. These groups still must file their I-601 waiver application while they remain outside of the U.S.

Sokhn Law provides expert guidance on I-601 and I-601A waivers, based on years of experience helping clients just like you throughout the San Francisco Bay area. We can manage the complicated process for you. You can trust us to have your best interests at heart.

Disclaimer: The Law Office of Dina M. Sokhn has prepared this website and the contents contained therein solely for informational purposes. The contents of this website are not to be considered legal advice. Neither this website, nor access to or receipt of the information therefrom, is intended to create or constitute a lawyer/client relationship. This website is not intended as a substitute for legal counsel, and no one should act upon any information contained in this website without seeking legal counsel.