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New I-601A Waiver Extension Law

On August 29, 2016, President Obama oversaw the extension of I-601A waiver process, allowing Legal Permanent Residents to apply for what was previously only available to U.S. citizens. The new law has created a bit of controversy within the immigration community. The extension is meant to ease the burdens of immigration law on families and encourage those who are unlawfully present in the country to leave, attend visa interviews, and then return to the U.S. lawfully. However, many families and individuals are confused about who can benefit from these changes and who is impacted by the waiver extension.

Who does this new law affect?

  • Spouses and children of legal permanent residents can now get waivers after establishing extreme hardship, not just the spouses and children of U.S. citizens.
  • Those eligible to file an unlawful presence waiver can apply if they have approved employment-based or family-based immigration, special immigrant petitions, or beneficiaries of the diversity lottery.

Before this extension, the law was limited to benefiting the spouses and children of U.S. citizens, surviving spouses and children of U.S. citizens, self-petitioners, those entitled to conditional permanent resident status determined by less than two years of marriage to a U.S. citizen.

The I-601A waiver extension does not include adult U.S. citizen children to petition for their illegal immigrant parents, unbeknownst to many immigrants and individuals trying to petition for their loved ones.

Need more information? Speak with our firm!

Are you eligible to petition for an I-601A waiver under the new extension? Contact Avalos & Associates, P.C. today to find out. Our Richmond immigration attorneys have over 15 years of experience handling immigration matters. Call today to learn more about the opportunities and choices open to you and your loved ones.