Update: Provisional I-601A Extreme Hardship Waiver

Many are still waiting for further news on the Provisional I-601A Extreme Hardship Waiver. To date, the I-601A waiver is not yet in place, but USCIS still anticipates the proposed regulation to be complete by the end of the year.

Background: I-601A Provisional Waiver

On March 30, 2012, the United States Citizenship and Immigration Service (USCIS) requested public comments on a plan to implement an important change in the current application process for people who accrued unlawful presence in the United States. The current system requires the applicant to step outside the US for the visa interview, get denied, and then file for the extreme hardship waiver, causing a long delay in reunification with loved ones until the waiver is approved.

The new I-601A extreme hardship waiver would permit an applicant to remain in the United States prior to the completion of the visa application process, file the waiver application in the US, and hopefully get an approval, whereby the applicant would then step out of the country for the visa interview. The applicant could however, return quickly because the waiver has already been completed.

All applicants for the regular I-601 or the I-601A must demonstrate that separation from a qualifying relative—usually a spouse or parent—would cause extreme hardship, hence the name of the waiver.

A provisional waiver is different than the current I-601 process that recently changed the location of the waivers from abroad, to the new USCIS Lockbox stateside. Essentially, the provisional waiver allows people to remain in the United States during adjudication.

The provisional I-601 extreme hardship waiver will only be applicable to certain persons currently in the United States. Its goal is to streamline the visa application process and to prevent people from being separated from their close relatives for long periods of time during the process. It will reduce the time that immediate relatives must spend apart from each other, but will not completely remove the requirement to leave the United States before changing the applicant’s legal status.

All potential applicants should contact an experienced Denver immigration lawyer to discuss the I-601A provisional waiver based on extreme hardship.



Wendy Almejo Moreno


I am interested to find out if the “new” provisional waiver would help my case.

In 2001, my mother, then a PR, filed the I0130 on my behalf. At the time I was 17, I turned 18, June 01, 2001. This put me in the F2A category with the NVC.

In 2005, my mother became a USC. I turned 22 22 days before my mother became a USC. This sadly put in the F1 category. My priority date is April 30, 2001.

On Sept. 20th, 2012, I applied for the Deferred Action for Childhood Arrivals. On October 24th, 2012, I did my biometrics and as of today, I am still waiting for approval.

Any and all information will be greatly appreciated.

Thank you for taking the time to read this inquiry.

Wendy Almejo Moreno


Wendy – if you have an approved I130 with priority date of April 30, 2001 you may well likely not need to leave the US and thus will not require a waiver. I however do not know all the facts of your situation so given the complexity you would need to schedule a consultation for me to better assist you 303-322-2117.

Laura Lopez

My fiance and I did our K-1 form back in March 2012, he had his interview already in CJ Mexico. But he was asked to do the I-601 Waiver and also it says 212 on top for fraud and mirepresentation. What should we do now? Please advise us.
Thank you


Hi Laura -an I212 waiver is for a prior deportation. An I601 waiver is for 10 year unlawful presence bar, criminal and misrepresentation problems. You need to speak to an immigration attorney to see how you can proceed with both waivers.


Hello. My husband has signed voluntary departure for April 10th. If I 601A starts March 4th, would we still qualify to apply for 1 601A?

Thank you.



Its possible but complicated so you should seek an immigration attorney’s advice on the process and risk

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