The I-601A Waiver is available to individuals who have an approved I-130 petition, and is based on hardship to either a U.S. Citizen or Lawful Permanent Resident spouse, or parent. The rule allows for the pre adjudication in the United States of the waiver for the 3/10 year bar. It permits USCIS to grant a Provisional Unlawful Presence Waiver in the United States to Immigrant Visa Applicants. This waiver does not apply to, nor permit a waiver for the permanent bar under INA Section 212 (a) (9) (C) . The program has been expanded to include all visa categories such as: Family sponsored petitions, ( I-130’s ); Special Immigrants ( I-360 ); Employment based immigrants, ( I-140 ).
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