Eligibility Requirements for the I-601A Provisional Waiver of Inadmissability

Photograph of a U.S. Department of Homeland Security logo.

The I-601A Waiver of Inadmissibility is quickly becoming a favored tool for the undocumented alien. Not only can it waive a long term bar to re-entering the United States, but it can be filed from the safety of the alien’s U.S. home.

For undocumented aliens who have U.S. citizen immediate relatives, they can apply for legal permanent residence without ever having to leave the United States. If the waiver is approved, the alien would need to travel to his home country for the final interview, but would do so knowing that the waiver has already been granted. If the waiver was denied, then the alien would still be in the U.S. with his family.

The I-601A Waiver of Inadmissibility is a godsend for many undocumented aliens, but is difficult to get. Eligibility requirements are quite strict. An alien would have to clearly be eligible in order to obtain it. To qualify for the I-601A Waiver for unlawful presence, the alien must meet all of these requirements:

  • Be physically present in the United States
  • Be 17 years old
  • Have a Form I-130 Petition for Relative already approved
  • Have a U.S. citizen spouse, parent or minor child
  • Be able to demonstrate that your U.S. citizen spouse or parent would suffer “extreme hardship” if the waiver is not granted
  • Not be subject to any other grounds of inadmissibility
  • Never have received an order of removal
  • Not currently in removal proceedings
  • Be willing to leave the U.S. to return to a U.S. Consulate in your country to obtain the immigrant visa, and not currently scheduled for such interview
  • Not currently an applicant for adjustment of status

The “extreme hardship” requirement is the most difficult one to deal with and the USCIS uses a high standard to satisfy this one. But it does exist in many cases. The exact definition is not sated by USCIS so it is something looked at on a case by case basis. A personal and confidential consultation with an immigration attorney is necessary for each case.

To learn more about the eligibility requirements for the I-601A Provisional Waiver of Inadmissibility, and how it applies to your situation, please visit Central Florida’s full service immigration firm at www.OrlandoVisa.com, or call us at (407) 648-5742.

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