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I-601A Provisional Waiver Denials Based on Prior Criminal Offense Being Re-Opened by USCIS

March 18, 2014 By Michael Cho Immigration Lawyer Leave a Comment

Update (October 2026): The 2016 I-601A final rule ended denials based on USCIS’s “reason to believe” an applicant may be inadmissible on other grounds, such as past arrests or offenses. Other grounds of inadmissibility, such as criminal history, are decided by the consular officer at the immigrant visa interview, and a provisional waiver approval is revoked if the officer finds another ground applies. Learn more on our I-601A Provisional Waiver page.

I-601A Provisional Waiver Denials Based on Prior Criminal Offense Being Re-Opened by USCIS

The USCIS will re-open on its own motion, all I-601A waiver applications that were denied prior to January 24, 2014, solely because of a prior criminal offense, in order to determine whether there is reason to believe the prior criminal offense might render the applicant inadmissible.

The full update from the USCIS is available below:

The provisional unlawful presence waiver process allows immediate relatives of U.S. citizens (spouses, children, or parents) who are currently residing in the United States to apply for a provisional waiver while in the United States, provided they meet all eligibility requirements outlined in the regulations and warrant a favorable exercise of discretion.  The law provides that USCIS can deny an I-601A waiver application if USCIS has reason to believe that the individual is subject to another ground of inadmissibility, in addition to the unlawful presence ground that is the subject of the I-601A waiver application.

The public asked us: when the possible additional ground of inadmissibility is a prior criminal offense, does the existence of any prior criminal offense trigger the automatic denial of the I-601A waiver application, or must USCIS have reason to believe that the prior criminal offense would actually render the applicant inadmissible?  There are some criminal offenses, such as certain petty offenses for example, that do not serve as a ground of inadmissibility under the governing statutes.

In response, USCIS has determined that it should not find a reason to believe that the prior criminal offense would render the applicant inadmissible and deny an I-601A waiver application based on a prior criminal offense if the criminal offense falls under the petty offense or youthful offender exceptions or is not considered a crime involving moral turpitude. This answer is reflected in USCIS’s January 24, 2014 field guidance.

Starting on March 18, 2014, USCIS will reopen, on its own motion, all I-601A waiver applications that were denied prior to January 24, 2014, solely because of a prior criminal offense, in order to determine whether there is reason to believe the prior criminal offense might render the applicant inadmissible.  USCIS will re-adjudicate the cases where applicants have not been issued an immigrant visa, consistent with the new field guidance.  USCIS will notify applicants (and their legal representatives) of this action within 60 days.  Once the case has been reopened and reviewed, USCIS will continue to process the I-601A waiver application and either approve or deny it or request additional information from the applicant.

Learn more: I-601A Provisional Waiver

Filed Under: 601 Waiver News, Blog, Criminal Convictions, I-601A Provisional Waiver, Petty Offense Exception, Unlawful Presence

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Recent Posts

  • Two New BIA Decisions on Criminal Inadmissibility (October 2026): What Matter of Ozuna Mendoza and Matter of Mercader Mean for Waiver Applicants
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  • I-601 Unlawful Presence Waiver Approved for Honduran Husband of U.S. Citizen Subject to 10-Year Bar
  • I-601 and I-212 Waivers Approved for Mexican Husband of U.S. Citizen After Prior Removal and Crime Involving Moral Turpitude
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