601 Hardship Waivers

The I-601A provisional waiver has finally arrived. DHS Secretary Janet Napolitano announced the final rule on January 2, 2013, that the process would be effective on March 4, 2013.According to the prepublication copy of the final rule, the regulation will mirror the proposed rule of April 2, 2012, with exceptions. It will be available for immediate relatives of U. S. citizens (parents, spouses, and children under the age of 21 and unmarried) who are unable to adjust status in the U. S. due to a 3 or 10 year bar, and will now be allowed to file I- 601A provisional waiver requests of the bars caused by their illegal stay so long as they can show that a denial would cause extreme hardship to their U. S. citizen parent or spouse. Passage of the rule does not allow individuals to adjust status to permanent residence in the States, but to file a waiver while in the States and have it adjudicated before making a decision to leave the U. S. to attend an immigrant visa interview at an American consulate or embassy. If the waiver is approved, an immigrant visa interview would in all likelihood be routine. This is in contrast to present procedure under which an immigrant visa seeker requiring a waiver for illegal stay would have to first be denied at the interview, instructed to file a waiver, and then have to wait outside the U. S. for lengths of time often exceeding a year or more in hopes that a waiver application would be favorably adjudicated. For more information please see http://discuss.ilw.com/

I am currently working with clients on preparing 601 waivers for filing in March of this year when filing opens. Please contact me to set up a consultation to review the process and how it can work to benefit you and your family.
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