The I-601A Provisional Unlawful Presence Wavier allows certain immediate relatives of United States citizens to ask that the inadmissibility ground of unlawful presence be forgiven before the applicant departs the United States for consular processing.  Having the I-601A waiver approved before the applicant departs the United States spares the applicant from spending months or even years outside the country while their waiver is adjudicated.

In order to qualify for an I-601A waiver, an applicant must be the beneficiary of an approved immigrant visa petition for an immediate relative and must demonstrate that the applicant’s United States citizen spouse or parent would suffer extreme hardship if the applicant is refused admission to the United States, among other eligibility requirements.

The expansion announced for I-601A waivers would expand the I-601A waiver process to allow lawful permanent residents to serve as the qualifying relative, instead of only United States citizens.  This expansion greatly increases the number of potential applicants who could qualify for an I-601A waiver.

Importantly, this expansion is still in the law-making process and is not yet final.  The I-601A expansion is currently open for notice and comment until September 21, 2015.  After this date, submitted comments will be considered and the proposed expansion may become law.