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Now that the new I-601A provisional waiver is in effect, can pending I-601 cases benefit from it?

Los Angeles, CA |

My husband is currently waiting in Mexico for his I-601 to get approved. We submitted the I-601 paperwork at the end of January 2013. Now that this new law has passed, is there anything we can do to speed up the approval process? Last year we had no idea when/if the law would pass or else we would have waiting so that my husband could wait here in the US instead of Mexico :(

Attorney Answers 3

  1. Unfortunately, no. 601A is only for those physically present in US at time of application. Furthermore, individuals who have been present in the US for more than one year who then leave and re-enter illegally are not eligible (this is a ground of inadmissibility). The only ground of inadmissibility the new waiver acts to cure (waive) is unlawful presence. Keep your head up though, the traditional waiver could be accepted, particularly if you chose an immigration attorney to help you. Good luck.

    Alvaro De La Calle
    Calle Law, PLLC
    (336) 610-5000

  2. I agree with counsel that the waiver is available only if your husband was present in the U.S. It may be a good idea to have an attorney review your paperwork.

    By posting on this site or answering/responding to questions does not create an attorney-client relationship and is intended to be an opinion only. My opinion is not intended to be a guarantee or promise of any outcome or result in your matter.

  3. I-601 and I-601A are waivers for inadmissibility. In case of the I-601A Application for Provisional Unlawful Presence Waiver person has to be physically present in the USA when application is made. It helps only to the extent of unlawful presence. I-601 is applicable to the other grounds of inadmissibility.

    In your case you have right option of I-601 waiver which is currently pending.


    Universal Immigration Centers, e-mail: of Steve Kassam 951.566.4050 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case. The statement above does not create an attorney/client relationship. Answer is provided for informational purpose only.

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