Expanded I-601A Waivers- Provisional Waiver of Inadmissibility

September 6, 2016 § Leave a comment

If a visa applicant was facing a 3 or 10 year bar from entering the United States, s/he can request admission by applying for the I-601 waiver. Before March 4, 2013, this waiver could only be applied for from outside of the US.

The applicant would have had to-

  • Leave the United States, knowing that s/he may not be allowed to return for 10 years.
  • Attend an interview with the US consulate in the applicant’s home country.
  • Be found inadmissible because of the 3 or 10 year bar.
  • Then, apply for the I-601 waiver.

Understandably, visa applicants inside the US who had accrued enough unlawful time to be facing a 3 or 10 year bar were reluctant to leave the country to attend their consular interviews. It was impossible to know how long the interview, denial, and waiver application process could take.

The Department of Homeland Security has tried to amend that. As of March 4, 2013, applicants who would face a 3 or 10 year bar upon exiting the US can apply for a provisional unlawful presence waiver from the bar, while still on US soil. On July 29, 2016, the DHS expanded upon this rule which took effect on August 29, 2016. In the final rule, the provisional unlawful presence waiver process has been expanded to now include all individuals seeking provisional waivers, including those in removal proceedings before the Executive Office for Immigration Review (EOIR).  This also means that a qualifying US relative now includes U.S. permanent residents as well as U.S. citizens.

Further, the final rule allows individuals to apply for provisional waivers even if USCIS has a reason to believe that they may be subject to other grounds of inadmissibility.  Other modifications include: Eliminating the proposed temporal limitations that would have restricted eligibility for provisional waivers based on DOS visa interview scheduling; Allowing individuals with final orders of removal, exclusion, or deportation to be eligible for provisional waivers provided that they have already applied for, and USCIS has approved, an Application for Permission to Reapply for Admission into the United States After Deportation or Removal, Form I-212; Clarifying that DHS must have actually reinstated a removal, deportation, or exclusion order in order for an individual who has returned to the United States unlawfully after removal to be ineligible for a provisional waiver on that basis; as well as several technical and non-substantive changes.

The new provisions for applying for the I-601A are intended to help to promote family unity and improves administrative efficiency. Visa applicants facing a 3 or 10 year bar can apply for the I-601A while still inside the US, and can be reasonably sure before they leave whether they will be barred from readmission to the United States.



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