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| Unlawful Presence Waiver (601 Waiver) |
On January 3, 2013, The Department of Homeland Security (DHS) announced that effective March 4, 2013,
certain immediate relatives of the U.S. Citizens who are physically present in the United States who were required
to depart the country in order to process their green cards may, under certain circumstances, request provisional
unlawful presence waivers prior to departing from the United States. This new rule reduced the time which family
members may be separated from their loved ones.
Who is eligible to apply for a provisional waiver in the United States?
In order to be able to apply for a Provisional Unlawful Presence Waiver, the applicant must be:
(1) At least 17 years old;
(2) An immediate relative of a U.S. Citizen. The term “immediate relatives” includes spouse, parents and children;
(3) Present in the United States at the time of filing the application for a provisional presence waiver and for
biometrics collection;
(4) Upon departure, would be inadmissible only under section 212(a)(9)(B)(i) of the Act (i.e. would be subject only
to the 3- or 10-year bars of inadmissibility for unlawful presence in excess of 180 days);
(5) Is the beneficiary of an approved immediate relative petition;
(6) Has a case pending with the Department of State based on the approved immediate relative petition and has
paid the immigrant visa processing fee as evidenced by a State Department Visa Processing Fee Receipt;
(7) Will depart from the United States to obtain the immediate relative immigrant visa;
(8) Must be able to demonstrate “extreme hardship” to his or her U.S. Citizen spouse or parent.
The new process is available if your only ground of inadmissibility is unlawful presence. Unfortunately, the waiver
does not cure any other grounds of ineligibility beyond unlawful presence such as criminal grounds, fraud and
misrepresentation.
If you believe that you or someone you know may benefit from this new regulation, we recommend
that you consult with our experienced immigration attorneys to discuss your options.
certain immediate relatives of the U.S. Citizens who are physically present in the United States who were required
to depart the country in order to process their green cards may, under certain circumstances, request provisional
unlawful presence waivers prior to departing from the United States. This new rule reduced the time which family
members may be separated from their loved ones.
Who is eligible to apply for a provisional waiver in the United States?
In order to be able to apply for a Provisional Unlawful Presence Waiver, the applicant must be:
(1) At least 17 years old;
(2) An immediate relative of a U.S. Citizen. The term “immediate relatives” includes spouse, parents and children;
(3) Present in the United States at the time of filing the application for a provisional presence waiver and for
biometrics collection;
(4) Upon departure, would be inadmissible only under section 212(a)(9)(B)(i) of the Act (i.e. would be subject only
to the 3- or 10-year bars of inadmissibility for unlawful presence in excess of 180 days);
(5) Is the beneficiary of an approved immediate relative petition;
(6) Has a case pending with the Department of State based on the approved immediate relative petition and has
paid the immigrant visa processing fee as evidenced by a State Department Visa Processing Fee Receipt;
(7) Will depart from the United States to obtain the immediate relative immigrant visa;
(8) Must be able to demonstrate “extreme hardship” to his or her U.S. Citizen spouse or parent.
The new process is available if your only ground of inadmissibility is unlawful presence. Unfortunately, the waiver
does not cure any other grounds of ineligibility beyond unlawful presence such as criminal grounds, fraud and
misrepresentation.
If you believe that you or someone you know may benefit from this new regulation, we recommend
that you consult with our experienced immigration attorneys to discuss your options.