I-601A Provisional Waiver
By Noemí Ramírez
Attorney at Law
In January 2013, the United States Department of Homeland Security established the ability to obtain the "Provisional Unlawful Presence Waiver" (Form I-601A) without the applicant having to leave the United States. In certain cases
in which the applicant can prove that the U.S. citizen family member will suffer extreme hardship in case of separation,
the applicant may obtain permission to stay with his/her family instead of being required to leave the United States
and wait in his/her native country for approval of the I-601A provisional waiver.
Below are the requirements to qualify for the I-601A provisional waiver:
1. Obtain approval of a I-130 petition by a relative.
2. The applicant must be physically present in the United States.
3. The category of relatives who qualify is limited due to the need to proving extreme hardship.
In particular there are three types of relatives who may qualify, and all have to be close relatives of a citizen (naturalized or birth) of the United States. The three types are:
1. Spouse of the U.S. citizen
2. Children (unmarried and under 21 years of age) of the U.S. citizen
3. Father of U.S. citizen
4. To prove that the relative who is the U.S. citizen would experience extreme hardship and/or suffering if the applicant had to leave the country for a long period of time. This is the most difficult requirement to meet.
In general, there are a few categories that can demonstrate extreme hardship and/or suffering for the relatives who stay behind in the United States.
PSYCHOLOGICAL / EMOTIONAL / PERSONAL
- The relative suffers or would suffer from psychological problems if the applicant had to leave the country.
ECONOMIC - The relative is financially dependent on the applicant.
HEALTH - The relative has an illness/disease that requires regular/constant medical treatment that the applicant provides.
EDUCATIONAL - The relatives depends on the financial support of the applicant to complete their education.
CONDITIONS OF THE COUNTRY OF ORIGIN - The current political, economic, medical, or humanitarian state of the applicant’s country of origin would compromise their safety and well-being.
These are just some of the factors that may result in a pardon for the applicant. The decisions are made on a case
by case basis and each case has unique factors.
Continue visiting our website regularly for information on the latest developments on President Obama's executive action and the effects it will have on the requirements for the I-601A Exemption.