I-601A Provisional Unlawful Presence Waiver

Approval of Immigrant VisaThe Provisional Unlawful Presence Waiver, know as form I-601A, allows persons to stay in the United States with their spouses, parents, or children. Before March of 2013, this happened through the U.S. Consulate in the person’s home country. This now happens in the United States, but everything needs to be done right.

Eligibility Requirements for the I-601A

Having a spouse, parent, or child who is a U.S. citizen isn’t enough to live in the United States. Several conditions must be met in order to be approved. Before a person can prepare their own application for legal status by filing an I-601A form, other forms must be filed first. These forms are an I-130, Petition for Alien Relative or an I-360 petition for Amer-asian, Widow(er) I-140, Immigrant Petition for Alien Worker or Special Immigrant. An 1-130 would be filed by a spouse or parent asking that their relative be allowed to stay in the country. An I-360 is filed by the immigrant themselves. This is for when the family member is deceased , when there is abuse, or if you are a Special Immigrant. An immigration lawyer can help you understand which form is right for your situation.

In addition to having an I-130, I-140 or I-360 form approved eligibility requirements for an Unlawful Presence Waiver, you must be

  • Physically present in the United States
  • 17 years old or older
  • The spouse or child of a U.S. citizen or Lawful Permanent Resident
  • In the processes of a pending immigrant case and have paid the processing fee to the Department of State
  • Able to demonstrate that your absence from the US will cause hardship for your spouse or parent
  • Willing to provide biometrics, such as fingerprints, for a U.S. database

Things that Can Make You Ineligible

There are some things that can make you ineligible for a waiver. It is important to understand the limits. The following things could disqualify you:

  •     Having other grounds for inadmissibility, such as criminal or certain health issues
  •     You had an original appointment for an interview before January 3, 2013, but it was missed or canceled
  •     You have unresolved removal proceedings
  •     You do not meet all of the designated requirements indicated on the I-160

What You’ll Need to Apply

The I-601A application contains nine pages.

  •     Follow all application instructions
  •     Review instructions with checklist
  •     Include DOS immigrant Visa receipt
  •     Pay all application fees
  •     Pay the biometrics (fingerprinting) fee. This is waived for applicants 79 years and older
  • Documents to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.

How an Immigration Attorney Can Help

The approval of your waiver is important because your family staying together depends on it. It is hard to remember everything and to know where you stand. An immigration attorney can use the legal tests to show the extreme hardship to the U.S. citizen spouse or parent if you are living separate because of a denial, if the spouse or parent has to live with you outside the United States and that your case deserves the discretionary benefit of the provisional waiver.  All three legal tests must be proven for the government to grant the waiver.

We will send you additional information to determine if you are eligible for the waiver and the steps needed to obtain the waiver.