USCIS Expands Provisional Waiver Process To Some Family Members of U.S. Citizens And legal Residents

The U.S. Citizenship and Immigration Services (USCIS) has expanded provisional waiver benefits to the spouses and children of lawful permanent residents (LPRs). The new rule now includes not only spouses and children of US citizens, but also spouses and children of LPRs. This newly expanded allowance builds on the process begun in 2013 to support family unity. The process allowed spouses and children of U.S. citizens who were inadmissible under the 3 year and 10 bars for unlawful presence, to apply for provisional waivers prior to their departure from the U.S., due to the extreme hardship it would cause their family members if a waiver was not granted.

Qualifying for a provisional waiver

The best immigration lawyers can advise individuals on full details of all requirements and help complete the necessary paperwork. To qualify, applicants must show that their spouse or parent, who is a legal U.S. Citizen or LPR, will suffer “extreme hardship” should the applicant not be allowed to reenter the United States. This latest expanded rule by the USCIS also updates the form Form I-601A, Application for Provisional Unlawful Presence Waiver. Changes officially went into effect on August 29, 2016. All applications for provisional waivers should be made on the updated final rule form that is available on the USCIS site.

Extreme hardship definition

There is no specific definition in the eyes of the law for “extreme hardship.” Individuals can benefit from consulting the best immigration lawyers for factors that constitute extreme hardship. It is important that individuals highlight the most compelling aspects of their individual situation. Some factors that can contribute to extreme hardship are health conditions and the ongoing treatment and care family members need, financial hardships, fears of persecution, and other personal considerations like the age of affected family members.