The Department of Homeland Security published the ﬁnal rules for Provisional Waivers on January 3, 2013. The ﬁnal rules went into eﬀect on March 4, 2013. On July 28, 2016, it amended to rules to expand the number of people who can apply for a provisional waiver. These revisions go into eﬀect on August 29, 2016.
Provisional waivers are only available to spouses, and children of US citizens or Legal Permanent Residents who do not have an interview scheduling letter dated before January 3, 2013.
The provisional waiver will allow those qualifying to remain in the US while the waiver is being processed, instead of having to apply and wait outside the US. Once the waiver has been “provisionally approved,” they will still need to travel abroad for ﬁnal processing. This will greatly minimize the time these persons need to be aboard and away from family.
Filing for a provisional waiver requires several actions:
- have an approved immediate relative petition.
- the ﬁling of form I-601A, with supporting documentation establishing the required extreme hardship to the US citizen or Legal Permanent Resident parent or spouse.
- notifying the National Visa Center that one has applied for a provisional waiver. If the case has already been sent to the US Embassy/Consulate, the notiﬁcation would need to be made with the US Embassy/Consulate. This notiﬁcation is required to ensure that the interview will not be schedule until after the provisional waiver is granted.
The provisional waiver only waives the unlawful presence bars. It does not waive other grounds for inadmissibility. If other grounds of inadmissibility are discovered at the interview, the provisional waiver will be revoked.
The ﬁling fee for the I-601A is currently $670.
Proving the required extreme hardship is not an easy task, and there is no single document that will automatically prove this hardship. Proving extreme hardship generally requires that an attorney handle the matter, as the attorney can evaluate the facts and obtain any necessary evaluations.
Our Los Angeles immigration lawyers are available to handle your case.