Newly Expanded I-601A Immigration Waiver Can Keep Your Family Together
By: Harlan York
July 29, 2016

Great news!

In the name of Family Unity, The Department of Homeland Security (DHS) has just published in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen, or lawful permanent resident (LPR) spouse or parent.

An advance copy of the proposed rule is now available. The rule will take effect on August 29, 2016.


Many more people may be allowed to get into the US under this new expansion. The program expansion will open up the waiver to many applicants who previously could not qualify. Before now, only children or spouses of US citizens could apply. Now it has opened up to include among others: the spouses and children of lawful permanent residents and the adult children of U.S. citizens and lawful permanent residents.


The provisional waivers of the ten year bar, known as  – that went into effect in March 2013. This waiver is a much welcomed relief from the normal process as it allows the immigrant to stay in the US with their family while it is being processed. In order to qualify the citizen must be able to prove extreme hardship either to themselves or their families if they leave. Please read this post to find out more.


Originally, the provisional waiver only benefitted those who had petitions filed by a US citizen spouse or child.  The expansion will open the program to all applicants eligible for immigrant visa processing.

If you are: 

  • Married to a lawful permanent resident
  • The child of a lawful permanent resident

You should call an experienced immigration lawyer immediately to find out if you qualify for this newly expanded provisional waiver to stay in the US.

If you have any questions about this or any other immigration related question please contact me at Harlan York & Associates.

About Harlan York

The first-ever attorney in New Jersey to win “Immigration Lawyer of the Year” from Best Lawyers, Harlan York is former immigration chair of the NJ State Bar Association and former co-chair for the NY State Bar Association CFLS Committee on Immigration. He currently serves on the American Immigration Lawyers Association (AILA) National Practice Management Committee.

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Harlan York & Associates practices law in the areas of Immigration, Deportation Defense, Family Immigration, Corporate Immigration, Naturalization throughout Essex County – Hudson County – Morris County – Passaic County – Somerset County – Middlesex County – Bergen County – New Jersey -Immigration Lawyer – NJ Immigration Lawyer – Jersey City-Newark-Paterson Passaic Elizabeth Edison Woodbridge Toms River Hamilton Trenton Camden Clifton Passaic Garfield Wallington Cherry Hill East Orange Passaic Union City Bayonne Irvington Old Bridge Lakewood North Bergen Vineland Union Wayne Parsippany-Troy Hills New Brunswick Plainfield Bloomfield Perth Amboy East Brunswick West New York West Orange Hackensack Atlantic City Kearny Mount Laurel Montclair Essex Hoboken North Brunswick Belleville. In addition to serving clients in New York, Pennsylvania, the greater United States, and Internationally.

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