It has been a little over two years since the I-601A provisional waiver came into existence and USCIS has released statistics on these petitions. Since March of FY2013 thru January of FY2015, the average approval rate for I-601As is 70.2% and the average denial rate is 29.8%. The average RFE rate is 26.2%. The total number of I-601As issued since the program started in FY2013 (over the course of 1 year and 11 months) = 62,973. Total receipts for I-601As since March of FY2013 = 74,439.
The benefits of the provisional waiver program which began March 4, 2013, are huge for those who might qualify. There are three main requirement to be eligible for the waiver:
- You are an immediate relative of an US Citizen (“USC”).
- Your qualifying USC relative would experience extreme hardship based on your ineligibility to immigrate to the United States.
- You warrant a favorable exercise of discretion because the favorable factors outweigh the unfavorable factors in your case.
Again the benefits are huge. Before an applicant would have to leave the U.S. to attend their consular interview for an immigrant visa, then apply to U.S. Citizenship and Immigration Services (USCIS) for a waiver of this ground of inadmissibility, and then hope the waiver is granted. If the waiver was denied, the applicant would be faced with spending the next three or ten years outside the U.S., possibly separated from their family, due to triggering of the unlawful presence bar. Now the applicant can apply for the waiver and receive an answer stateside and not have to risk triggering the bar if the provisional waiver is approved.