Eligibility For Provisional Unlawful Presence Waiver Process Extended

USCIS has announced a final rule expanding the eligibility for the Provisional Unlawful Presence Waiver Process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility.

Under the existing provisional waiver process, only certain immediate relatives of U.S. Citizens could apply for provisional waivers of the unlawful presence ground of inadmissibility, based on the extreme hardship their U.S. Citizen spouses or parents would suffer if the waiver was not granted. The new regulation expands eligibility for the process to all individuals who are statutorily eligible for the waiver.

To qualify for a provisional waiver, the applicant must establish that his or her U.S. Citizen or lawful permanent resident (LPR) spouse or parents would experience extreme hardship if the applicant is not allowed to return to the United States.

The new rule goes into effect on August 29, 2016. Applicants who qualify under the new rule must note that they should not submit a request for a provisional waiver under the expanded guidelines until the final rule takes effect on August 29, 2016.

The final rule also makes changes to Form I-601A, Application for Provisional Unlawful Presence Waiver. The updated form will be made available on August 29, 2016.

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