The requirements to file a 601-A provisional waiver are that you need an immediate relative petition filed on your behalf and you must demonstrate extreme hardship either to a US citizen or lawful permanent resident, parent, or spouse. Once the I-130 is approved, that’s when the waiver kicks in, and you have to demonstrate hardship either to a parent or spouse. What’s noticeably absent from the extreme hardship waiver is that you cannot show hardship to children. If you can’t show hardship to children, then although your petition can be filed by a US citizen child, if you don’t have a parent or spouse who’s a qualifying relative for the waiver, then you’re not going to be eligible for a provisional waiver. Provisional waivers are very complicated demonstrating extreme hardship is not as easy as it sounds. It needs to be very document heavy and it’s important that you discuss your case with an experienced immigration lawyer to understand how best to apply for the waiver and have it approved.
Cheryl David is an experienced attorney practicing immigration law within New York City. If you have any questions regarding immigration forms or waivers, or immigration in general, please contact our office. We’d be happy to help you and set up a free initial consultation.