Effective on Aug. 29, 2016, eligibility for the provisional waiver process, I-601A, has been expanded to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility, pursuant to INA sec. 212(a)(9)(B)(v).
Prior to this expansion, only immediate relatives of U.S. citizens were eligible to seek such provisional waivers before departing the United States for the processing of their immigrant visas. Those applicants whose parents or spouses were lawful permanent residents and not U.S. citizens would only be able to apply for the waiver at a U.S. Consulate, after having departed the U.S. Eligibility has now been expanded to include all individuals who are statutorily eligible for the waiver, meaning sons and daughters and spouses of lawful permanent residents, in addition to those whose qualifying family members are U.S. citizens.
In summary, as of Aug. 29, 2016, applicants can now qualify for a waiver of unlawful presence, before leaving the U.S., if they establish that their lawful permanent resident spouses or parents would experience “extreme hardship” if the applicants are not allowed to return to the United States. Prior to this expansion, "extreme hardship" qualifying family members were limited to immediate relatives, spouses or parents of U,S, citizens.
Please contact our office for further assistance from our Hollywood, FL immigration law attorneys.