NVC Processing for I-601A Provisional Waivers

1. What is an I-601A provisional waiver?


An I-601A provisional waiver is a special type of waiver available to certain immediate relatives of U.S. citizens who are ineligible for a visa due to their unlawful presence in the United States. This waiver allows these individuals to remain in the United States while their visa applications are being processed. To be eligible, immigrants must prove that their U.S. citizen relative would suffer “extreme hardship” if the waiver is not granted.

2. What are the eligibility requirements to apply for an I-601A provisional waiver?


In order to apply for an I-601A provisional waiver, the applicant must be:

• The spouse, parent, or son or daughter of a U.S. citizen or lawful permanent resident;

• At least 17 years old;

• Physically present in the United States at the time of filing the provisional waiver application;

• Inadmissible to the United States solely on account of having accrued unlawful presence in the United States that is 180 days or more but less than one year;

• Have an approved immigrant visa petition (Form I-130 or Form I-140); and

• Have an immigrant visa interview appointment scheduled with the Department of State.

3. How long does the NVC processing of an I-601A provisional waiver take?


The processing time for an I-601A provisional waiver can vary greatly depending on the individual case. Generally, most cases take an average of about 6 to 8 months to process, though some may take as little as 4 months or as long as 12 months or more.

4. What documents are required to be submitted for an I-601A provisional waiver?


To apply for an I-601A provisional waiver, applicants must submit the following documents:

1. Form I-601A, Application for Provisional Unlawful Presence Waiver
2. Form G-325A, Biographic Information
3. Evidence of a qualifying relationship (for example, a copy of a birth or marriage certificate)
4. Proof of U.S. citizenship of the qualifying relative (for example, a copy of the relative’s birth certificate or U.S. passport)
5. Financial information showing that the qualifying relative will suffer extreme hardship if the waiver is not granted (for example, evidence that shows how the relative’s income and ability to support their family will be affected)
6. An affidavit from the qualifying relative describing how his or her life would be impacted if the waiver is not granted (for example, how it would affect their emotional health or family life)
7. A copy of government-issued identification (for example, a passport or driver’s license)
8. Two passport-style photos with your name and Alien Registration Number printed on the back
9. Any additional evidence that supports your case
10. The filing fee for Form I-601A

5. What is the cost of filing an I-601A provisional waiver?


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

6. How can I check the status of my I-601A provisional waiver application?


You can check the status of your I-601A provisional waiver application by logging into the USCIS online portal. The status of your application should be available on the dashboard of the portal. You can also call the USCIS Contact Center at 1-800-375-5283 for more information.

7. What happens if my I-601A provisional waiver application is denied?


If your I-601A provisional waiver application is denied, you may be able to reapply or file a motion to reopen or reconsider the decision. Depending on your circumstances, you may also want to consider seeking a new visa or alternative immigration options.

8. Can I appeal a denial of my I-601A provisional waiver application?


Yes. If your I-601A provisional waiver application is denied, you may appeal the decision. In order to do so, you must submit a Form I-290B, Notice of Appeal or Motion, with the correct filing fee to USCIS.

9. How do I prepare for the interview after my I-601A provisional waiver application is approved?


In order to prepare for the interview after your I-601A provisional waiver application is approved, you should make sure you have all the required documents and information necessary to complete the process. Additionally, you should research the consulate or embassy where your interview will take place and familiarize yourself with the procedures and requirements for your appointment. You should also bring a copy of your provisional waiver approval and any other paperwork that may be requested during your interview. Finally, it is important to remain calm, arrive on time, and be prepared to answer questions about your background and reasons for seeking a waiver.

10. What happens if the Department of State denies my immigrant visa application after my I-601A provisional waiver is approved?


If your immigrant visa application is denied after your I-601A provisional waiver is approved, you will not be able to use the waiver. The waiver will be considered void and the Department of State will re-evaluate the original visa ineligibility that required the waiver. It is important to ensure that all of the information in your visa application is accurate and up to date.

11. Can family members be included in an I-601A provisional waiver application?


Yes, family members can be included in an I-601A provisional waiver application. The applicant must demonstrate that their family members would suffer extreme hardship if the applicant were not granted the waiver. All family members must be listed on the application and must provide documentation of their relationship to the applicant.

12. Is it possible to obtain a work permit while my I-601A provisional waiver is pending?


No, it is not possible to obtain a work permit while your I-601A provisional waiver is pending. USCIS does not issue work permits related to provisional waivers.

13. Are there any waivers available for criminal convictions that would make me ineligible to receive a visa or green card?


No, there are no waivers available for criminal convictions that would make someone ineligible to receive a visa or green card. Eligibility for a visa or green card is determined by the U.S. Citizenship and Immigration Services (USCIS). Depending on the type of crime committed, certain convictions can make a person ineligible for a visa or green card. For information about eligibility and waivers based on criminal convictions, please contact the USCIS directly.

14. Are there any special circumstances that would make me eligible for an exception to the 3/10 year bar or unlawful presence bar?


Yes, certain exceptions to the 3/10 year bar or unlawful presence bar exist. These include applying for a provisional waiver of inadmissibility, obtaining a waiver of inadmissibility for certain family members, or qualifying for a nonimmigrant visa based on humanitarian grounds. Additionally, foreign nationals may be eligible for an exception to the 3/10 year bar if they can demonstrate that their exclusion from the United States will result in extreme hardship to their U.S. citizen or Lawful Permanent Resident (LPR) spouse or parent.

15. Can a provisional waiver be extended or renewed if circumstances change after it has been granted?


No, a provisional waiver cannot be extended or renewed after it has been granted.

16. What is the difference between a provisional waiver and a regular (standard) waiver?


A provisional waiver is an application for advance permission to return to the United States after having been unlawfully present in the country for a period of time. It provides a way for certain immediate relatives of U.S. citizens to request a waiver of the unlawful presence ground of inadmissibility before departing the United States to attend their visa interview at a U.S. embassy or consulate abroad. A regular (standard) waiver is an application for permission to enter or remain in the United States, after having been found inadmissible for breaking immigration laws. It is used by people who are already in the United States and who wish to request forgiveness for their immigration violations or apply for an adjustment of status.

17. How will my past immigration history affect my chances of obtaining an I-601A provisional waiver?


Your past immigration history will be taken into account when reviewing your I-601A provisional waiver application. The immigration officer may refuse to grant you the waiver if they find that you have a history of immigration violations or attempting to enter the U.S. illegally. They may also deny the application if they find that you do not meet the requirements for a provisional waiver or if they believe that granting the waiver would be against the public interest.

18. Are there any waivers available for individuals with drug trafficking convictions?


Waivers for individuals with drug trafficking convictions can be granted in some situations. However, waivers are typically only granted in cases where the individual has shown rehabilitation and is deemed not to be a danger to society. An individual should consult with an immigration lawyer to determine if a waiver is available in their particular case.

19. Can a pending immigrant visa case be expedited by filing an I-601A provisional waiver?


Yes, a pending immigrant visa case can be expedited by filing an I-601A provisional waiver. The I-601A provisional waiver is intended to allow certain individuals who are in the process of obtaining an immigrant visa to apply for a waiver of the unlawful presence bars associated with such visas before leaving the United States for their immigrant visa interview.

20. Do the same eligibility requirements apply to all types of provisional waivers (for example, P3 waivers, U visas, violence against women waivers)?


No, the eligibility requirements vary depending on the type of provisional waiver. For example, P3 waivers require that the applicant be the spouse or child of a U.S. citizen or permanent resident, and they must meet the requirements of an extreme hardship standard. U visas require that the applicant have been a victim of a qualifying criminal activity, while violence against women waivers require that the applicant have been a victim of domestic violence or certain other crimes.