Eligibility for the I-601A Provisional Unlawful Presence Waiver

Click Here to read Ranchod Law.com Content in Spanish

Starting March 4, 2013, eligible individuals can apply for the new provisional unlawful presence waiver that will allow them to know before leaving the U.S. whether they are subject to a bar to returning to the U.S.

Who is Eligible to Apply for the Provisional Unlawful Presence Waiver?

To be eligible to apply for the waiver, you generally have to meet the following requirements:

  • Be physically in the United States.
  • Be at least 17 years old.
  • Be an immediate family member of a U.S. citizen(please note that a parent of a United States Citizen generally does not qualify for a I-601A).
  • Have an approved immigrant visa petition.
  • Your case is pending with the Department of State.

Who is NOT Eligible to Apply for the Provisional Unlawful Presence Waiver?

Along with not meeting any of the requirements above, you may be deemed ineligible for the provisional unlawful presence waiver if:

  • You have a pending Form I-485 to adjust status to permanent resident.
  • You are in removal proceedings with some limited exceptions.
  • You have been ordered removed, excluded, or deported from the United States.
  • You are subject to reinstatement of a prior removal order.
  • The Department of State scheduled your immigrant visa interview prior to  January 3, 2013.
  • You cannot show an extreme hardship should your application be denied.

Applying for a Provisional Unlawful Presence Waiver?

To apply for a provisional unlawful presence waiver, an individual must file the new Form I-601A. You will have to make sure your application is complete, signed, and submitted with the correct documentation and fees. You should also notify the Department of State of your intention to file this waiver.

Applying for the Waiver While You Are Undergoing Removal Proceedings?

As mentioned above, individuals going through removal proceedings may apply for the provisional unlawful presence waiver only in limited circumstances.

Generally, someone can only apply if the removal proceedings are administratively closed and have not been re-calendared as of the date you filed the I-601A.

Additionally, although you are in removal proceedings, you should file the I-601A with the USCIS. You should also inform the Immigration Judge and the local U.S. Immigration  and Customs Enforcement counsel that you have applied for the waiver.

Contact a Hardship Waiver Attorney

If you are applying for a provisional unlawful presence waiver, you should consider working with an attorney to make sure that you are eligible, your application is complete, and that you have proven a hardship. You should also consider talking to an attorney if you are currently undergoing removal proceedings.

I-601 Waivers Legal Assistance


Call us now for a case review: (415)986-6186

The Ranchod Law Group can provide you the help you need to solve your immigration problems, and advise you on how to obtain I-601 waivers in timely and cost effective ways.

A Detailed list of other information on I-601A Waivers