The final rule to support the 601A unlawful presence waiver was published in the Federal Register on January 3, 2013. A summary of key eligibility factors from the said rule are as follows;
1. Must be an immediate relative of a United States Citizen (USC) to qualify.
2. A Lawful Permanent Resident (LPR) cannot be a qualifying relative for purposes of the provisional waiver.
3. Only a USC spouse or parent can be a qualifying relative for purposes of the extreme hardship determination.
4. If you are outside the U.S., you are not eligible.
5. If you are in removal proceedings, such proceedings must be administratively closed and not re calendered in order to be eligible to file the I-601A. (For a recent Board of Immigration Appeals decision on Admin. Closure see Matter of Avetisyan 25 I&N Dec. 688 (BIA 2012)). You should seek and obtain a termination of such proceedings prior to your departure following approval of a 601A application.
6. If your interview at the consulate was scheduled prior to 1/3/2013, you will not be eligible to use the 601A waiver.
7. If you have any other additional ground of inadmissibility beside that of unlawful presence, you would also not be eligible to use this process.
8. TPS recipients would be generally able to use this process if otherwise eligible.
9. No concurrent filing of 601A with I-130 or I-360. Must have an approved petition to become eligible.
10. Filing fee for 601A is $585.
This process becomes effective March 4, 2013. For additional information please see http://www.uscis.gov/portal/site/uscis
