Canal Alliance

I-601 Waivers Information

PRELIMINARY ADJUDICATION OF I-601 WAIVERS

USCIS has announced that there will be a new process for preliminary adjudication of unlawful presence waivers for family-based applicants who need to apply for permanent residence through the United States consulates abroad. THE NEW APPLICATION PROCESS DOES NOT EXIST YET. DO NOT ATTEMPT TO APPLY UNTIL REGULATIONS ARE IN PLACE.

WHO QUALIFIES FOR THIS NEW PROCESS?

Only people applying for permanent residence as immediate relatives qualify. Immediate relatives are spouses, parents, and unmarried children under 21 years old (or covered under the Child Status Protection Act) of United States citizens.

WHAT WAIVERS QUALIFY?
Only unlawful presence waivers qualify. These are waivers of the “time punishments,” the three- and ten-year bars for people who have lived in the United States in undocumented status for over six months.

WHAT IS REQUIRED FOR AN UNLAWFUL PRESENCE WAIVER?
The applicant must show extreme hardship to a United States citizen or lawful permanent resident spouse or parent in order to be approved for an unlawful presence waiver.

WHAT IS EXTREME HARDSHIP?
Extreme hardship is something beyond the normal factors involving the separation of families. Medical, psychological, educational, and unusual financial factors are commonly used to establish hardship

WHO QUALIFIES TO APPLY FOR PERMANENT RESIDENCE IN THE USA?
Immediate relatives (spouses, parents, and unmarried minor children of United States citizens) who entered the United States legally, visa holders who have maintained lawful status, and people covered under 245(i) may apply for permanent residence locally.

DO NOT APPLY FOR PRELIMINARY ADJUDICATION OF AN UNLAWFUL PRESENCE WAIVER UNTIL THE APPLICATION PROCESS EXISTS.

DO NOT APPLY WITHOUT CONSULTING WITH A REPUTABLE ATTORNEY OR COMMUNITY AGENCY.

For additional information, contact Gabby Aragon, Immigration Legal Assistant, at (415) 306-0420 or email her at gabbya@canalalliance.org.