While the push for immigration reform was struck a major blow by SCOTUS the new 601A waiver is a silent victory for the Obama Administration and immigration reform.
Any person who is physically present in the United States who:
Is over the age of 17;
Has any Approved Immigrant Visa (Family Preference, or Employment based) or is the derivative beneficiary of an approved immigrant visa petition;
Has USC or LPR parent/spouse (child still not qualifying relative for Hardship);
Is otherwise admissible to the US; and
Can establish Good Moral Character for exercise of favorable discretion.
An individual with a final removal or deportation order is no longer barred from seeking an I-601A waiver. If subject to a final order an individual may seek an I-212 and thereafter an I-601A under certain circumstances.
An individual subject to reinstatement of removal is eligible for a 601A waiver so long as CBP or ICE have not actually reinstated the prior order prior to filing or while the application is pending.
The Reason-to-Believe Standard has been abolished. A 601A waiver can no longer be denied on the grounds of “reason to believe” the applicant may be subject to another ground of inadmissibility other than unlawful presence.
DOS action before January 3, 2013, will no longer be a restriction that bars an applicant from filing a 601A waiver.
The new 601A form will be available on August 29, 2016 and may be file starting that day. Eligible individuals should begin the process immediately as to be avoid being caught in a backlog of newly filed cases.
Currently 601A waivers are taking over 10 months to be processed. This new rule will make the number of people eligible for a 601A waiver exponentially larger, which will likely result in an even larger back log of 601A waiver cases.
NY Immigration Lawyers DOT Org is providing this one page summary for informational purposes only. For more information visit www.nyimmigrationlawyers.org/new601A
You can submit any questions you may have here or feel free to email nyimmigrationesq@gmail.
If you believe you may be eligible under the amended rule you should contact an experienced immigration attorney as soon as possible.
Please note that contacting us in anyway does not establish an attorney client relationship. Written and posted by Joseph B. Caraccio.
This document is a very brief summary provided for informational purposes and is NOT to be considered legal advice or a substitute for legal advice.
Full Text of Final Rule: https://www.federalregister.gov/articles/2016/07/29/2016-17934/expansion-of-provisional-unlawful-presence-waivers-of-inadmissibility