USCIS Expands Eligiblity for Provisional Waivers to Spouses and Kids/Children of Lawful Permanent Residents (LPRs)

Updated: 11/04/2016

USCIS announced a final rule expanding the existing provisional waiver process (I-601A) to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs).

Since March 2013, certain foreign nationals that could show extreme hardship to his or her U.S. citizen spouse or parent could apply for a “provisional waiver” (I-601A) for unlawful presence, and wait for its approval within the United States before moving forward with their consular process in their home country. This way, the foreign national’s unlawful presence would not bar them from applying for and obtaining an immigrant visa abroad to enter as LPRs.

As of August 29, 2016, the new rule expands eligibility for the provisional waiver to certain foreign nationals who can show extreme hardship to his or her Lawful Permanent Resident spouse or parent.

Please note that children are not qualifying relatives, so foreign nationals cannot simply show extreme hardship to their children to benefit from this provisional waiver process.

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