Form I-601A, Application for Provisional Unlawful Presence Waiver
Form I-601A lets certain relatives of US citizens and permanent residents ask USCIS to waive their unlawful presence before they leave the country for an immigrant visa interview. Fill in the official PDF below and download it.
This is the genuine USCIS PDF, unmodified. Source: USCIS official page.
What is I-601A?
Form I-601A, Application for Provisional Unlawful Presence Waiver, is filed by people in the United States who need an immigrant visa but would trigger the three-year or ten-year unlawful presence bar the moment they depart for their consular interview. The provisional waiver lets USCIS decide the unlawful presence issue while the applicant is still in the United States, reducing the time families are separated.
The waiver covers only unlawful presence under INA section 212(a)(9)(B). To qualify you generally need an approved immigrant visa petition or selection in an immigrant visa program, a pending immigrant visa case with the Department of State, and a US citizen or lawful permanent resident spouse or parent who would suffer extreme hardship if you were denied. If other inadmissibility grounds apply to you, this form does not cure them.
Who files I-601A?
- People in the United States who accrued unlawful presence and must consular process for an immigrant visa
- Beneficiaries of approved immigrant visa petitions with a case pending at the Department of State
- Applicants who can show extreme hardship to a US citizen or permanent resident spouse or parent
- Applicants who are physically present in the United States when they file
How to fill out I-601A
- Confirm you meet the eligibility requirements, including the approved petition and the Department of State immigrant visa case with the fee paid.
- Complete your personal information, immigration history, and the details of your unlawful presence.
- Identify your qualifying relative and document the extreme hardship they would suffer if the waiver were denied.
- Attach supporting evidence: hardship documentation, proof of the relationship, and copies of your petition approval and visa fee receipt.
- Download the finished PDF, sign it, and mail it with the fee to the USCIS lockbox listed in the current instructions. After approval, attend your immigrant visa interview abroad.
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Frequently asked questions
Who is a qualifying relative for Form I-601A?
A US citizen or lawful permanent resident spouse or parent. Children are not qualifying relatives for this waiver, so hardship to your children matters only insofar as it causes hardship to a qualifying spouse or parent.
Does an approved I-601A guarantee my immigrant visa?
No. It resolves only the unlawful presence ground. If the consular officer finds another ground of inadmissibility at your interview, the provisional waiver is revoked and you may need to file Form I-601 instead.
Can I file Form I-601A while in removal proceedings?
Only in limited situations described in the instructions, generally when proceedings are administratively closed or terminated. Check the current instructions or talk to a qualified representative before filing.