1. What is an I-601A Provisional Unlawful Presence Waiver?

An I-601A Provisional Unlawful Presence Waiver is a form filed with the U.S. Citizenship and Immigration Services (USCIS) by individuals who are illegally present in the United States. The waiver can reduce the time a family member must spend outside of the country while applying for legal permission to enter or reenter the United States. The provisional waiver applies to people who are immediate relatives of a U.S. citizen and who must obtain a waiver of inadmissibility due to unlawful presence in the United States.

2. Who is eligible for an I-601A Provisional Unlawful Presence Waiver?

The I-601A Provisional Unlawful Presence Waiver is available to immediate relatives of U.S. citizens who are physically present in the United States and are inadmissible only due to accrual of unlawful presence in the United States. To be eligible, individuals must:

• Be an immediate relative of a U.S. citizen (spouse, parent, or unmarried child under 21 years old).

• Have an approved immigrant visa petition (Form I-130 or I-360).

• Have a case with U.S. Department of State’s National Visa Center (NVC)with a priority date that is current according to the Department of State’s Visa Bulletin.

• Have proof of the U.S. citizen relative’s relationship to the applicant (e.g., birth certificate, marriage certificate).

• Be able to demonstrate that denial of the waiver would result in extreme hardship to the U.S. citizen relative or the applicant’s lawful permanent resident spouse or parent.

3. What documents are required to apply for an I-601A Provisional Unlawful Presence Waiver?

In order to apply for an I-601A Provisional Unlawful Presence Waiver, you will need to provide the following documents:

1. A completed Form I-601A waiver application.

2. Evidence of your relationship to your U.S. citizen or lawful permanent resident spouse or parent.

3. Evidence of your current immigration status in the United States (if applicable).

4. Evidence of your unlawful presence in the United States.

5. Two passport-style photographs taken within the last 30 days.

6. A copy of your biographic page from your passport (if applicable).

7. Evidence of extreme hardship to your U.S. citizen or lawful permanent resident spouse or parent if you were removed from the United States.

8. A copy of the approval notice of your immigrant visa petition (Form I-130 or Form I-140).

4. What is the evidence needed to show extreme hardship?

The evidence needed to show extreme hardship varies from case to case and is highly dependent on the individual’s circumstances. Generally, however, evidence of extreme hardship may include medical documentation of physical or mental health issues, financial records that demonstrate a significant financial loss if the immigrant is not allowed to remain in the US, educational records that demonstrate the individual’s academic achievements, letters of recommendation from family members or community members, and any other relevant evidence that shows how the applicant’s removal would cause extreme hardship.

5. How long does the waiver process take?

The waiver process typically takes between four and six weeks. However, there can be delays due to factors such as the applicant’s immigration status or the complexity of the application. It is important for applicants to be patient and ensure that all documents are accurately completed.

6. How much does an I-601A Provisional Unlawful Presence Waiver cost?

The filing fee for an I-601A Provisional Unlawful Presence Waiver is $630.

7. How can I apply for an I-601A Provisional Unlawful Presence Waiver?

In order to apply for an I-601A Provisional Unlawful Presence Waiver, you must first file a Form I-130, Petition for Alien Relative, with US Citizenship and Immigration Services (USCIS). You and your family must be able to demonstrate extreme hardship, which can take the form of economic, physical, or emotional hardship. Once your application is approved, you can then apply for the waiver by submitting Form I-601A with evidence of extreme hardship and biometric and background information.

8. Is an I-601A Provisional Unlawful Presence Waiver considered a “pardon” or “forgiveness” of unlawful presence?

No, an I-601A Provisional Unlawful Presence Waiver is not considered a “pardon” or “forgiveness” of unlawful presence. It simply waives the 3 to 10 year bar to reentry into the United States after departing the country.

9. Can I file an I-601A Provisional Unlawful Presence Waiver while in the United States?

Yes, you may file an I-601A Provisional Unlawful Presence Waiver while in the United States. However, you must be physically present in the United States when USCIS adjudicates the application. Additionally, filing this waiver does not guarantee approval.

10. Am I required to attend an interview before receiving a decision on my waiver application?

No. Generally there is not an interview requirement for a waiver application. However, the United States Citizenship and Immigration Services (USCIS) may contact you for an interview if they need additional information or evidence to decide your case.

11. How will USCIS inform me of their decision on my waiver application?

USCIS will inform you of their decision on your waiver application through the mail. The decision will be sent to the mailing address provided on the application.

12. How long is the I-601A Provisional Unlawful Presence Waiver valid for?

The I-601A Provisional Unlawful Presence Waiver is typically valid for one year.

13. Can I travel outside of the United States while my waiver application is pending?

No. You should not travel while your waiver application is pending. If you do, your application may be denied or delayed. It is best to wait until you have received your approved waiver before you travel outside of the United States.

14. What happens if my waiver application is denied?

If your waiver application is denied, you will have to continue to make payments on the loan. Depending on the type of loan, you may also have other options for repayment. Some federal loan servicers provide income-driven repayment plans and loan forgiveness programs, for example. You should contact your loan servicer to learn more about other options that may be available to you.

15. How do I renew the validity of my waiver if it expires while my immigrant visa application is still pending?

You can renew your validity for your waiver by submitting the Required Documentation for the renewal of the waiver. The documentation required to renew your waiver varies depending on the circumstances of your specific case. In general, you may need to provide updated visa application and supporting documents, financial documents, medical records, and other supporting documents that demonstrate your current eligibility for the waiver. The US Department of State or US Citizenship and Immigration Services will review your renewal application to determine whether you are still eligible for the waiver.

16. Are there any other forms of relief available if my waiver application is denied?

Yes. If your waiver application is denied, you may be eligible for other forms of relief such as Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS). You can also explore other immigration options such as U visa, Vawa self-petition, and asylum.

17. Is it possible to appeal a denial of an I-601A Provisional Unlawful Presence Waiver application?

Yes, it is possible to appeal a denial of an I-601A Provisional Unlawful Presence Waiver application. The appeal must be filed with the same U.S. Citizenship and Immigration Services (USCIS) office that denied the waiver. Depending on the reason for the denial, applicants may be able to submit additional evidence in support of their application or request a motion to reopen or reconsider the decision.

18. Does a granted waiver guarantee that I will receive an immigrant visa or be allowed to enter the United States?

No. A granted waiver does not guarantee that you will receive an immigrant visa or be allowed to enter the United States. The decision to issue an immigrant visa or to allow a person to enter the United States is made by a U.S. consular officer or an immigration officer at a port of entry, after review of the individual’s case and the circumstances.

19. What should I do if USCIS requests additional evidence or information about my waiver application?

If USCIS requests additional evidence or information about your waiver application, you should respond as soon as possible. Provide the agency with the requested documents or evidence, and make sure to include a detailed explanation of why the additional information is relevant to your application. You should also include any evidence or information that might support your claim, such as letters from employers, friends, family members, or medical professionals. Lastly, make sure to follow all instructions provided by USCIS.

20. Do minors need to apply for a separate waiver if their parents are applying for one?

No, minors do not need to apply for a separate waiver if their parents are applying for one. However, they may need to provide additional documents to support the waiver application, such as birth certificates or school records.