I-601A Provisional Waivers
The I 601A Application Process Explained
Form I-601A (Application for Provisional Unlawful Presence Waiver) is for immigrant visa applicants who are relatives of US citizens or lawful permanent residents. It allows them to request a provisional waiver of unlawful presence grounds of inadmissibility under INA § 212(a)(9)(B) before departing the US for an immigrant visa interview. It does not waive other grounds of inadmissibility. When approved overseas, the person can return to the US and enjoy LPR status and a green card.
Who Can File
- Relatives of US citizens or LPRs
- Diversity Visa lottery winners
- Other immigrant visa applicants
Form I-601A Requirements
- Being at least 17 years of age
- Being physically present in the US and able to provide biometrics
- Being willing to leave the US to legally obtain an immigrant visa
- A qualifying relative (spouse or parent who is a US citizen or LPR) would suffer extreme hardship if not united in the US
- Inadmissible because of unlawful presence (180 days to 365 days during a single stay, or 1 year or more in a single stay)
- Has a pending case with the US Department of State for an approved immigrant visa petition or Diversity Visa Program
People Will Not Qualify If They:
- Are younger than 17 years of age
- Have grounds of inadmissibility for any reason besides unlawful presence
- Already have applications to adjust status
- Are currently going through removal proceedings
- Fail to include details of hardships a spouse or parent would face upon removal
- Have a prior order of removal before or during a pending I-601A
Extreme Hardship Factors Considered
- Financial harm: future employability, home or business loss, significant decline in standard of living
- Health of qualifying relatives: ongoing specialized treatment for physical or mental conditions, limited availability in home country
- Personal considerations: close relatives in US or home country, separation from family, ages of involved parties, length of US residence
- Special considerations: religious, language, cultural, or ethnic obstacles; valid fears of harm or persecution in home country
- Educational losses: lack of ability to pursue higher education, disruption to current programs
Form I-601A Process
The filing fee is $630 for Form I-601A plus an $85 biometrics fee. Processing times: Nebraska Service Center — approximately 27 months for I-601A; Potomac Service Center — approximately 35.5 months for I-601A. After approval, apply for a green card through consular processing. If denied, you can appeal within 30 days by filing Form I-290B.
Our firm has handled scores of these kinds of cases, so we know how to deal with every issue that might arise. Call (213) 388-1821 or contact us online to set up a consultation with our Los Angeles I-601A provisional waiver attorney.