American visa law group

The New Obama Era I-601A Provisional Hardship Waiver - 4/6/2012

We publish vlog/blog posts with accompanying articles covering a variety of immigration topics. They are classified by the following subjects: News, General, Waivers, Family Based, U-Visa, VAWA, Asylum, EB1/NIW, PERM/I140, EB4, EB5, Visitors (B1/B2/VWP), E2, F1, H1B, L1, and TN Visas. Click on the title on any of the articles to read the full blog post:

The New Obama Era I-601A Provisional Hardship Waiver – 4/6/2012

Ten Facts (accurate as of the recording of this video):
1. It is not yet available, but should be later this year (UPDATE: and it is now available).
2. You must be beneficiary of IR APPROVED petition from USC. Not pending.
3. You must not be in removal or subject to a removal order.
4. You must not have an immigrant visa interview setup by DOS.
5. The hardship to a USC spouse/parent only can be considered. So hardship to a USC child can not be considered directly, however it may be indirectly considered based on the effect it has on USC spouse.
6. It only waives the unlawful presence bar that would be triggered upon leaving the US, thus no guarantee of readmission.
7. You still must leave the US to apply for a visa.
8. It does not provide lawful status.
9. It does not toll unlawful presence.
10. It provides no interim benefits like an EAD (employment authorization).

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