On July 29, 2016 the United States Citizenship and Immigration Services (USCIS) announced a final rule expanding the provisional waiver of unlawful presence (I-601A) to all individuals statutorily eligible for visas.

What is the provisional waiver process?

Previously, the provisional waiver process was only available to spouses and children of United States citizens. This is great news for spouses and children of United States legal permanent residents (LPRs) that have a visa available and whose immediate relatives would suffer extreme hardship if the waivers were denied.

If you are part of the expanded group, do not file before the rule goes into effect. New rule goes into effect on August 29, 2016. If you file earlier, the waiver may be denied.

For more information: Please visit the United States and Citizenship Services (USCIS).