Law Office of Ruby L. Powers - Immigration Law Firm focused on Waivers
- It is not yet available (as of April 2012), but everything points to it being available later in the year.
- You must already have an approved I-130 or I-360. It can’t be pending.
- If you are in removal proceedings, DHS is still considering how to address provisional waiver requests from individuals in removal proceedings.
- The standard of hardship for I-601 waivers will be the same for I-601A waivers.
- It only waives the unlawful presence bar that would be triggered upon leaving the US, thus no guarantee of readmission.
- Once approved, you still have to leave the US to attend the visa appointment.
- It does not provide lawful status while pending.
- It does not stop the accrual of unlawful presence (used in calculation of the bar).
- It provides no interim benefits like an EAD (employment authorization) or advance parole.
- Unlike the I-601 waiver, the I-601A is only for spouses and children of US citizens.
- Unlike the I-601 waiver which covers other groundS of inadmissibility, the I-601A will only cover unlawful presence inadmissibility.
- We are all excited about this making the wait for family members a lot less!
I-601 Waiver Immigration Attorney Ruby L. Powers - April 15, 2012
