On July 29, 2016, the Department of Homeland Security implemented changes to the original provisional waiver rule. The changes impact millions of undocumented immigrants who seek legal permanent residency and promote family unity by reducing the time that eligible individuals are separated from their families while they complete immigration processing abroad.
The recent changes to the provisional waiver increases the category of immigrants who are eligible for waiver, before the individual travels outside of the United States for his/her consulate interview. The waiver is important because it reduces the time a person spends away from his/her family who reside in the United States. The waiver reduces unnecessary hardships for you and your family and promotes family unity.
The 601A changes allow spouses and children of permanent residents, and spouses of United States citizens, to receive waivers to remain in the U.S. before they leave the United States to participate in immigration visa interviews. In order to be eligible for a waiver, a person must demonstrate that their relative would experience “extreme hardship” if he/she were not allowed to return to the U.S.
If you apply for employment-based visas, you now have the opportunity to apply for the 601A provisional waiver protection. If you entered the United States and obtained an employment-based visa, you may be eligible to apply for a 601A waiver by proving extreme hardship on at least one qualifying family member. This 601A change has prompted a dramatic rise in 601A applications.
Perhaps the most important reason for taking advantage of the new provisional waiver rule changes involves the deportation process. Under previous 601A legal mandates, anyone facing deportation had no chance of meeting provisional waiver rule guidelines. The new 601A rules allow you to apply for provisional waiver status even if you face removal from the United States. Our experienced immigration lawyers can help you navigate the 601A legal process and other immigration issues relating to admission into the United States.
If you scheduled an immigration visa interview before 2013, you can apply for provisional waivers under the new 601A guidelines. Immigration regulations, such as 601A provisional waiver, are constantly changing. Contact our law office for a free consultation to see how we can assist you with this complex process.
We take these waivers seriously because we know first-hand the hardships caused when a waiver is denied. Our immigration attorneys are experienced in Immigration Waivers, we go above and beyond to ensure that families stay together and move on with their lives. Give us a call today to get started.