USCIS has clarified questions related to how applications for
provisional unlawful presence waiver (Form I-601A) are adjudicated. This
waiver, known as the I-601A waiver, allows immediate relatives of U.S.
citizens who are currently residing in the U.S. to apply for a
provisional waiver while in the U.S., as long as they meet all
eligibility requirements stated in the regulations. Legally, USCIS can
deny an I-601A waiver request if it believes the applicant would be
inadmissible based on any other ground of inadmissibility.
In a recent notice, USCIS stated that it would not find the “reason to
believe” that a prior criminal office would make an applicant
inadmissible if that offense was a “petty offense or youthful offender
exception.” Such offenses, USICS states are not considered crimes
involving moral turpitude.
On March 18, 2014, USCIS reopened cases (on its own motion) for all
I-601A waiver requests that were denied before January 24, 2014, solely
because of a prior criminal offense. USCIS will determine whether there
is reason to believe the prior offense might make the applicant
inadmissible or not and will respond to applicants accordingly.
