USCIS to Expand Availability of I-601A Provisional Waivers

On July 22, 2015, the Obama Administration announced that it has taken the first steps towards approving an expanded provisional waiver program, currently known as I-601A. Under the current provisional waiver program spouses and parents of U.S. Citizens who entered the United States without inspection (entered the U.S. without going through U.S. Customs), are allowed to request the U.S. Citizenship and Immigration Services (USCIS) for an I-601A, provisional waiver, that would allow them to travel back to their home countries and obtain their lawful residence in the United States. However, only individuals who are the beneficiaries of “immediate relative petitions,” that is I-130 visa petitions filed by their U.S. Citizen spouses, U.S. Citizen parents (if the beneficiary is under 21 years of age), or U.S. Citizen son or daughter, are eligible to apply. The following table will help clarify current eligibility for the provisional waiver program:

Current I-601A, Provisional Waiver Program
Type of Visa Petition	“Qualifying Relative”
U.S. Citizen filing an I-130 visa petition for his or her Spouse	The beneficiary of the petition must have one of the following family members to apply for the provisional waiver: - U.S. Citizen Spouse - U.S. Citizen Parent
U.S. Citizen filing an I-130 visa petition for his or her Parent
U.S. Citizen filing an I-130 visa petition for his or her Child (under 21 years of age)

The current provisional waiver program is, as can be seen from above, very limited. Under the expanded program announced by the Obama Administration, more individuals may seek to obtain the I-601A waiver. When the expansion is finally approved the program will be expanded as follows:

Expanded I-601A, Provisional Waiver Program
Type of Visa Petition	“Qualifying Relative”
Beneficiaries of approved I-140 Immigrant Petition for Alien Worker	The beneficiary of the petition must have one of the following family members to apply for the provisional waiver: - U.S. Citizen Spouse - U.S. Citizen Parent - U.S. Lawful Permanent Resident Spouse - U.S. Lawful Permanent Resident Parent
U.S. Citizen filing an I-130 visa petition for his or her Spouse
U.S. Citizen filing an I-130 visa petition for his or her Parent
U.S. Citizen filing an I-130 visa petition for his or her Child (under 21 years of age and unmarried)
U.S. Citizen filing an I-130 visa petition for his or her Son or Daughter (married or unmarried)
U.S. Citizen filing an I-130 visa petition for his or her Siblings
U.S. Lawful Permanent Resident filing an I-130 visa petition for his or her Spouse
U.S. Lawful Permanent Reside nt filing an I-130 visa petition for his or her Child (under 21 years of age and unmarried)
U.S. Lawful Permanent Resident filing an I-130 visa petition for his or her unmarried Son or Daughter
Certain beneficiaries of approved I-360 self-petitions
Beneficiaries of the Diversity Visa Program (also known as the Visa Lottery) – these beneficiaries become eligible to apply for the provisional waiver as soon as the Department of State selects the beneficiary to participate in the program

Since the provisional waiver was first introduced by the Obama Administration on March 4, 2013, USCIS has approved 44,198 provisional waiver applicants, and denied 18,773. Over the course of the next 10 years, USCIS estimates that it will receive about 579,000 new provisional waiver applications! This shows how important the I-601A provisional waiver program is for the immigrant community.

The purpose of this article is to offer public information on the expansion of the provisional waiver program, not to offer legal advice or to create an attorney-client relationship. If the reader wishes to consult his or her particular case with immigration attorney Carlos Mauricio Duque, Esq., the author of this article, please contact his office by calling 305-436-0155 (in the United States) or 4-26-39-75 (in Bogotá, Colombia). You may also send an email to cduque@dhvisa.com.

Carlos Mauricio Duque, Esq. graduated from the Rosary University in Bogotá, Colombia (2002), and Nova Southeastern University in Fort Lauderdale, Florida (Cum Laude 2007). He is licensed to practice law in Colombia and in the State of Florida. Mr. Duque has dedicated the last eight years to the practice of immigration law. He is currently registered to practice in all Immigration Courts in the United States and before the Board of Immigration Appeals. Mr. Duque is chair of the Immigration Committee of the Dade County Bar, and a member of the Business and Investment Committee of AILA South Florida. He is also a member of the Unlicensed Practice of Law Committee of the Florida Bar.