I-601A Provisional Waiver Update

Michael Cho Immigration Lawyer

The American Immigration Lawyers Association (of which I am a member) reports that I-601A Provisional Waiver applicants are receiving denials based on the grounds that the USCIS has “reason to believe” the applicant may be inadmissible on grounds other than unlawful presence.

There are reports that denials are being issued despite evidence submitted to show that the arrest did not result in a criminal conviction, or that the incident was not conduct that would render an alien inadmissible, or that the crime for which the alien was convicted was not an inadmissible offense.

Additionally, the USCIS appears to be denying I-601A Provisional Waivers when the applicant previously provided a false name, date of birth, or other information at the time of apprehension for entry without inspection. ┬áThe USCIS is issuing these denials based on the grounds that there is “reason to believe” that the alien knowingly and willfully provided false or materially misleading information while applying for an immigration benefit, even though the false or misleading information was not material or given in connection with a benefit application or application for admission.

It is thus extremely important that any arrest, criminal conviction, or immigrant apprehension be analyzed in detail before application for the I-601A Provisional Waiver.

The American Immigration Lawyers Association is currently working with the USCIS to clarify these adjudication standards and hopefully, obtain greater leeway on the approval of I-601A Provisional Waivers in the future.