What does the I-601A Waiver Do? The I-601A waiver helps someone avoid being barred from re-entry from the United States after she departs the US. Someone would be barred from re-entering the US for 3 years or 10 years if she had been present in the US for more than 180 days (3 years) or one year (10 years). This means that someone who is not eligible to get a green card in the US can apply for an I-601A waiver, get it approved, leave the US, and re-enter the US with the green card–without waiting 3 or 10 years outside the US.
What Does the Expansion of the Waiver Do? USCIS expanded eligibility of the I-601A waiver to those who are statutorily eligible for an unlawful presence waiver under INA Sec. 212(a)(9)(B)(v). This means that if the green card applicant can demonstrate extreme hardship to a U.S. citizen or LPR spouse or parent, she may apply for and receive a provisional waiver, whether the basis for the immigrant visa is an employment-based preference category, a family-based preference category, the diversity visa lottery, or a special immigrant classification.
Can I Apply for the I-601A Waiver Now? It is important to speak with an immigration attorney to discuss whether you are statutorily eligible for the waiver and whether the facts of your case make it likely that you will be granted the waiver.
See AILA’s recent fact-sheet about the I-601A expansion.
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