Starting Monday, the immediate relatives of U.S. citizens will benefit from a new form, the I-601A, Provisional Unlawful Presence Waiver.
Find out if you are eligible for the I-601 Provisional Waiver with our free I-601A eligibility quiz!
Details on the new rule were announced on the first days of January of this year. The announcement was met with excitement. Immediate relatives who are in the process of obtaining permanent residency, also known as a Green Card, will benefit from this new form.
When immediate relatives of U.S. citizens are seeking permanent residency, they will either be able to adjust their status while in the U.S or they will have to travel outside the U.S. to do consular processing. The ones who are eligible to do adjustment of status have an easier time because they do not have to leave the U.S. For those doing consular processing, it’s more difficult. The process is especially tough for those who have accrued unlawful presence in the U.S. and could be subject to a 3 year or 10 year bar that would prevent them from returning to the U.S. until after those years are spent away.
A waiver of grounds of inadmissibility has been, and is still, available for those seeking to dismiss the 3-year or 10-year bars. But the I-601 can only be filed after arriving to the country in which the Green Card interview will take place.
The new rule that has been established by the Department of State will offer a benefit for those who are eligible. Form I-601A can be filed before leaving for the interview, and this will shorten the separation time of family members.