I-601A Provisional Waivers

What is the I-601A Provisional Waiver?

The I-601A Provisional Waiver is a legal remedy that allows individuals who are in the U.S. without legal status to apply for a waiver of their unlawful presence before they depart the U.S. for their immigrant visa interview. This waiver is specifically for those who are seeking to adjust their status to lawful permanent resident based on a family relationship and who have accrued unlawful presence in the U.S.

Under normal circumstances, if you’ve been in the U.S. unlawfully for more than 180 days, you face a bar to reentry when you leave the country for consular processing. The I-601A Provisional Waiver allows you to apply for this waiver while still in the U.S., reducing the amount of time you spend outside the U.S. and minimizing the risks associated with the departure.

Who Can Apply for an I-601A Provisional Waiver?

To qualify for the I-601A Provisional Waiver, the following requirements must be met:

1. You must be an immediate relative of a U.S. citizen or lawful permanent resident. This includes being the spouse, unmarried child under 21, or parent of a U.S. citizen.
2. You must have entered the U.S. without inspection (EWI). This waiver applies to individuals who are in the U.S. unlawfully and have not been inspected or admitted upon entry.
3. You must be the beneficiary of an approved I-130 petition. Your U.S. citizen or lawful permanent resident relative must file and have approved an I-130 Petition for Alien Relative on your behalf.
4. You must show that your U.S. citizen or lawful permanent resident relative would suffer extreme hardship if you were not allowed to return to the U.S. after your consular processing. You must prove that your spouse, parent, or child would experience significant hardship if you were forced to stay outside the U.S. during your visa process.
5. You must be physically present in the U.S. at the time of applying. The I-601A waiver must be applied for from within the U.S. before leaving for consular processing.

How Does the I-601A Provisional Waiver Work?

The I-601A waiver process begins with filing the waiver application while you are in the U.S. If approved, this waiver allows you to leave the U.S. for consular processing without facing the three- or ten-year bars for unlawful presence. After you leave the U.S., you will attend an immigrant visa interview at the U.S. consulate in your home country. If everything goes smoothly, you will be granted an immigrant visa and allowed to return to the U.S. as a lawful permanent resident.

If you entered the U.S. without inspection and are now seeking to adjust your status through a family member, the I-601A Provisional Waiver may be a critical tool to help you navigate the process. If you believe you may qualify for this waiver, we can help you assess your case and guide you through the application process.

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