On January 3, 2013, the Department of Homeland Security (DHS) published a new unlawful presence waiver rule, which allows certain immediate relatives of U.S. citizens who are physically present in the U.S. to request provisional unlawful presence waivers prior to departing the United States for consular processing of their immigration visa applications.

Who is eligible to apply for a provisional waiver in the United States?

In order to be able to apply for a Provisional Unlawful Presence Waiver, the applicant must be:
(1) at least 17 years old;
(2) an immediate relative of a U.S. ;
(3) present in the United States at the time of filing the application for a provisional presence waiver and for biometrics collection;
(4) upon departure, would be inadmissible only under section 212(a)(9)(B)(i) of the Act (i.e. would subject only to the 3- or 10-year bars of inadmissibility for unlawful presence in excess of 180 days);
(5) is the beneficiary of an approved immediate relative petition (Form I-130 or I-360);
(6) has a case pending with the Department of State based on the approved immediate
relative petition and has paid the immigrant visa processing fee as evidenced by a State Department Visa Processing Fee Receipt;
(7) will depart from the United States to obtain the immediate relative immigrant visa; and
(8) must be able to demonstrate “extreme hardship” to his or her U.S. citizen spouse or parent.

For more information on the I-601A Waiver, contact Jane Gekhman at 940/891-4800!