Provisional Waivers Extended to Relatives of Permanent Residents

On July 29, 2016, the CIS announced that begining August 29, 2016,the provisional waiver (on Form I-601A) will be made available to relatives of lawful permanent residents who face a three- or ten-year bar due to their anticipated exit from the U.S. to attend their interview appointment after being unlawfully present in the United States for more than 180 days or more than one year, respectively.  Before this only immediate relatives of U.S. citizens were allowed to request the provisional waiver.

The provisional waiver is only available to applicants facing the three or ten year bars described above who can show that their absence from the U.S. will cause “extreme hardship” to a spouse or parent who is a U.S. citizen or lawful permanent resident, and it is submitted from within the United States before appearing for the interview.  It may be used when this is the only condition of inadmissibility.  Persons facing other conditions of inadmissibility must apply for a waiver at the Consular Post from outside the United States.