Stateside Processing of I-601A Waivers (Extreme Hardship)

• posted by Tai Stevenson

Beginning on March 4, 2013, certain relatives of U.S. Citizens who entered illegally in the United States will be allowed to file a provisional waiver before leaving the United States. Under current law, immigrants who entered the country illegally must complete his or her immigration process abroad at a U.S. consulate. This applies to immigrants who married U.S. Citizen spouses and those who are sponsored by his or her U.S. child among other family categories. Unfortunately, upon leaving the United States, many immigrants trigger an automatic bar from entering the for up to ten (10) years for their unlawful presence.

Many of these immigrants are required to file waivers to the unlawful presence bars where consulates can take weeks, months, and years to make a decision. If the waivers are denied, immigrants are required to serve the unlawful presence bars outside the United States and in many cases, away from their family. Under the new rule, immigrants will be allowed to apply for waivers inside the United States alongside their family members and remain in the United States while the waiver is being adjudicated.

Although the new rule will allow many immigration to file waivers inside the United States, the same extreme hardship to the qualifying U.S. Citizen relative standard will apply. These extreme hardship factors include medical problems, financial hardship, psychological effects of separation, country conditions abroad, and other hardship faced by the qualifying U.S. Citizen relative.