An individual with a final removal or deportation order is no longer barred from seeking an I-601A waiver. If subject to a final order an individual may seek an I-212 and thereafter an I-601A under certain circumstances.
An individual subject to reinstatement of removal is eligible for a 601A waiver so long as CBP or ICE have not actually reinstated the prior order prior to filing or while the application is pending.
The Reason-to-Believe Standard has been abolished. A 601A waiver can no longer be denied on the grounds of “reason to believe” the applicant may be subject to another ground of inadmissibility other than unlawful presence.
DOS action before January 3, 2013, will no longer be a restriction that bars an applicant from filing a 601A waiver.
The new 601A form will be available on August 29, 2016 and may be file starting that day. Eligible individuals should begin the process immediately as to be avoid being caught in a backlog of newly filed cases.
Currently 601A waivers are taking over 10 months to be processed. This new rule will make the number of people eligible for a 601A waiver exponentially larger, which will likely result in an even larger back log of 601A waiver cases.