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07/27/2015 - DHS Plans to Expand I-601A Provisional Waivers

Good news! DHS is beginning the rule-making process to expand the current provisional waiver process. The waiver would be expanded in two principal ways:

(1) First, DHS would eliminate current limitations on the provisional waiver process that restrict eligibility to certain immediate relatives of U.S. citizens. Under this proposed rule, the provisional waiver process would be made available to all aliens who are statutorily eligible for waivers of inadmissibility based on unlawful presence and meet certain other conditions.

(2) Second, in relation to the statutory requirement that the waiver applicant demonstrate that denial of the waiver would result in ‘‘extreme hardship’’ to certain family members, DHS proposes to expand the provisional waiver process by eliminating the current restriction that limits extreme hardship determinations only to aliens who can establish extreme hardship to U.S. citizen spouses or parents. Under this proposed rule, an applicant for a provisional waiver would be permitted to establish the eligibility requirement of showing extreme hardship to any qualifying relative (namely, U.S. citizen or lawful permanent resident spouses or parents).