Today July 29, 2016, DHS has published the final rule for the expanded 601A Waiver program, which will take effect August 29, 2016. These are the major changes you should be aware of.
What Are the Major Changes?
1. Applicants for a 601A waiver can now apply based on hardship to LPR (green card) spouse or parent. Previously only US citizen spouse or parents were considered for hardship.
2. Applicants can apply for a 601A waiver so long as they have an approved immigrant visa of any kind. Previously only Immediate Relative Visas applied.
These two major changes make many more people eligible to apply for a 601A Waiver.
Who is Eligible for 601A Waiver under Amended Rule?
Any person who is physically present in the United States who:
Is over the age of 17;
Has any Approved Immigrant Visa (Family Preference, or Employment based) or is the derivative beneficiary of an approved immigrant visa petition;
Has USC or LPR parent/spouse (child still not qualifying relative for Hardship);
Is otherwise admissible to the US; and
Can establish Good Moral Character for exercise of favorable discretion.
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