I-601A Waiver
The I-601A Provisional Waiver, also known as the Provisional Unlawful Presence Waiver, is a waiver provided by U.S. Citizenship and Immigration Services (USCIS) that allows certain eligible relatives of U.S. citizens and lawful permanent residents to apply for a waiver of the three- or ten-year bar for unlawful presence while still in the United States. Here are key points about the I-601A Provisional Waiver:
1. Purpose
The waiver is intended to reduce the time that U.S. citizens and lawful permanent residents are separated from their relatives while those relatives are undergoing consular processing for an immigrant visa abroad.
2. Eligibility
To be eligible for an I-601A waiver, the applicant must:
- Be physically present in the United States.
- Be at least 17 years old.
- Have an approved immigrant visa petition (such as Form I-130 or Form I-140) or be selected for a diversity visa.
- Have a qualifying relative who is a U.S. citizen or lawful permanent resident spouse or parent who would suffer extreme hardship if the applicant were not granted the waiver.
3. Process
- The applicant submits Form I-601A along with supporting documentation to USCIS.
- If the waiver is approved, the applicant then departs the U.S. and attends their immigrant visa interview at a U.S. consulate or embassy abroad.
- If the consular officer determines that the applicant is otherwise admissible to the United States, the immigrant visa is issued, allowing the applicant to return to the U.S. as a lawful permanent resident.
4. Benefits
- The waiver allows the applicant to remain in the U.S. while the waiver is processed, avoiding prolonged separation from family members.
- It provides a pathway for those who have accrued unlawful presence but have qualifying relatives who would face extreme hardship without them.
5. Limitations
- The waiver only applies to the grounds of inadmissibility related to unlawful presence.
- Applicants may still be found inadmissible for other reasons, such as criminal history or fraud, which would require separate waivers.
The I-601A Provisional Waiver is an important option for many individuals seeking to regularize their immigration status while minimizing the disruption to their families and lives in the United States.
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