I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.
See all posts Frank GogolForm I-601A Provisional Unlawful Presence Waiver Explained
Updated on April 10, 2024
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The Provisional Unlawful Presence Waiver, also known as Form I-601A, offers a solution for certain immediate relatives of U.S. citizens who would otherwise face significant hardship if required to leave the country for their consular interview. In this blog post, we’ll explore the eligibility requirements, advantages, and application process for the Provisional Unlawful Presence Waiver.
30 Second Recap:
The Provisional Unlawful Presence Waiver (Form I-601A) allows eligible immigrant visa applicants who are immediate relatives of U.S. citizens to request a waiver of the unlawful presence ground of inadmissibility before leaving the U.S. for their consular interview. To be eligible, applicants must meet specific requirements and demonstrate extreme hardship to their U.S. citizen spouse or parent. The waiver can reduce the time spent abroad and the hardship associated with separation from family members.
What is a Provisional Unlawful Presence Waiver?
The Provisional Unlawful Presence Waiver, also known as Form I-601A, is a process that allows certain immigrant visa applicants who are immediate relatives of U.S. citizens to request a waiver of the unlawful presence ground of inadmissibility before leaving the United States for their consular interview.
Eligibility for the Provisional Unlawful Presence Waiver
To be eligible for the Provisional Unlawful Presence Waiver, you must:
- Be physically present in the United States
- Be at least 17 years old
- Be the beneficiary of an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Have a case pending with the Department of State based on the approved petition
- Demonstrate that your U.S. citizen spouse or parent would experience extreme hardship if you were denied admission to the United States
How To Complete the I-601A Waiver
To apply for the Provisional Unlawful Presence Waiver, you must:
- File Form I-601A, Application for Provisional Unlawful Presence Waiver
- Provide evidence of your qualifying relationship to a U.S. citizen spouse or parent
- Demonstrate that your U.S. citizen spouse or parent would experience extreme hardship if you were denied admission
- Attend a biometrics appointment
- Wait for USCIS to make a decision on your application
If your Provisional Unlawful Presence Waiver is approved, you can proceed with your consular interview abroad. However, approval of the waiver does not guarantee that your visa will be issued, as you must still meet all other eligibility requirements.
Where To File the I-601A Waiver
You can file the I-601A waiver by mailing the form to the Chicago Lockbox facility. However, we recommended checking the USCIS site before filing your I-601A waiver. You can also call the National Customer Service Center at 1-800-375-5283 for the latest information on where to apply.
I-601A Waiver Cost
The I-601A waiver filing fee is $630. You also have to pay an additional $85 as a biometric service fee if you are between 14 and 79 years old. You can request a fee waiver, either the filing cost or the biometric service fee, when filing for the I-601A waiver. This fee can be paid by check or money order payable to the U.S. Department of Homeland Security.
After Filing Your I-601A Waiver
After you have successfully filed your I-601A waiver, it is time to submit the necessary paperwork for your immigrant visa to the National Visa Center. The NVC requires all your paperwork to schedule your immigrant visa interview. Taking more time to submit the supporting documents will delay your case.
Advantages of the Provisional Unlawful Presence Waiver
The main advantage of the Provisional Unlawful Presence Waiver is that it allows eligible individuals to request a waiver while still in the United States, reducing the time spent abroad and the hardship associated with separation from family members.
Difference Between I-601 Waiver and I-601A Waiver
The I-601A Waiver or provisional waiver only waives inadmissibility (i.e., immigrants’ inability to stay in the U.S.) based on unlawful presence. All other causes of inadmissibility must be waived by filing Form I-601, which includes reasons like criminal conviction and immigration fraud.
If you are filing for an I-601A waiver, make sure the only issue is unlawful presence. Immigrants often submit it for approval while waiting to leave for their home country. However, once they attend the visa interview with the U.S. embassy or consulate, another reason for inadmissibility is discovered. At this stage, the I-601A waiver approval is rescinded, and the applicant is required to file Form I-601 as well.
This can delay your return to the U.S., but filing an I-601 waiver after you have a rescinded I-601A waiver increases the chances you’ll be approved faster.
Final Thoughts
The Provisional Unlawful Presence Waiver provides an opportunity for certain immigrant visa applicants to request a waiver of the unlawful presence ground of inadmissibility before leaving the United States. By understanding the eligibility requirements and application process, you can navigate this complex process and reduce the hardship associated with consular processing abroad.
Frank Gogol
I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.