The 601A Waiver, officially known as the Provisional Unlawful Presence Waiver, is a waiver available to certain individuals who are inadmissible to the United States due to unlawful presence and are seeking an immigrant visa (Green Card) based on family sponsorship. The waiver allows them to request forgiveness for their unlawful presence and avoid being barred from reentering the country for a specified period.
Unlike the regular waiver process that requires the applicant to depart the United States, the 601A Waiver allows the applicant to apply for the waiver while they are physically present in the United States. This minimizes the time spent outside the country and the separation from their U.S. citizen qualifying relative.
Explore Form I-601A, an essential tool for those seeking to overcome re-entry bans in the United States due to visa overstay or residing without a green card, valid visa, or U.S. citizenship. This form serves to request a waiver for the imposed re-entry restrictions.
Unlike the regular waiver process that requires the applicant to depart the United States, the 601A Waiver allows the applicant to apply for the waiver while they are physically present in the United States. This minimizes the time spent outside the country and the separation from their U.S. citizen qualifying relative.
Explore Form I-601A, an essential tool for those seeking to overcome re-entry bans in the United States due to visa overstay or residing without a green card, valid visa, or U.S. citizenship. This form serves to request a waiver for the imposed re-entry restrictions.
Key eligibility criteria for filing Form I-601A include:
- Physical Presence in the United States: Individuals physically residing in the United States can utilize Form I-601A to seek relief from re-entry restrictions
- Age Requirement: Applicants must be at least 17 years old at the time of filing to be eligible for the waiver.
- Immigrant Visa Case Pending: Form I-601A is applicable to those with a pending immigrant visa case with the U.S. Department of State.
Requirements for 601A Waivers
- Unlawful Presence: The applicant must have accrued unlawful presence in the United States, usually by overstaying their authorized period of stay or entering without inspection(EWI). Unlawful presence refers to the period of time when an individual is present in the United States without lawful immigration status.
- Immediate Relative: The applicant must be an immediate relative of a U.S. citizen and must have an approved immigrant visa petition (Form I-130) filed by the qualifying relative on their behalf. Immediate relatives include spouses, parents of U.S. citizens who are atleast 21 years old, and unmarried children under 21 years old.
- Extreme Hardship: The applicant must demonstrate that their U.S. citizen spouse or parent would experience extreme hardship if the applicant is not granted the waiver and is unable to return to the United States. Extreme hardship is a high standard and must be supported by evidence such as medical, financial, emotional, or other compelling factors.
- Approved immigrant visa: The applicant must have an approved immigrant visa petition(Form I-130) and be in the process of applying for an immigrant visa through consular processing. Consular processing involves attending an immigrant visa interview at a U.S.embassy or consulate in their home country or another country where they have legal entry.
Application process for 601A Waiver
The process for obtaining a 601A Waiver involves two steps. First, the applicant submits the waiver application to the USCIS for review. If the waiver is approved, the applicant can then depart the United States and attend their immigrant visa interview at a U.S. embassy or consulate.
Form I-601A is an independent application, and it cannot be submitted alongside any other immigration applications, petitions, or benefit requests. Essentially, this form seeks a decisive response from USCIS, determining whether you qualify to waive the 3-or 10-year ban on reentering the United States when leaving to pursue your green card application.
All applicants must be physically present in the United States when submitting Form I-601A and must attend a biometrics appointment at a USCIS facility. USCIS may additionally require you to attend an interview or provide fingerprints, photographs, or signatures at any time to verify identity, collect additional information, and perform background and security checks, including an FBI criminal history record check.
A pivotal criterion for approval is demonstrating that the denial of the waiver would result in extreme hardship for your U.S. citizen or green card holder spouse, or parent (if unmarried).The qualifying relative, while not obligated to be the one who filed the immigrant visa petition, must be your U.S. citizen or green card spouse or parent, in the case of being unmarried. Other direct relatives, even if sponsoring your green card, are not considered for extreme hardship evaluation.
Once all necessary evidence and documentation have been gathered, you can submit the formviamailor through your USCIS online account. USCIS will then proceed with processing your application, may request biometrics, and might schedule an interview, ultimately informing you of the application's outcome. The typical processing time for Form I-601A ranges from 8.5 to 11.5 months.
Form I-601A is an independent application, and it cannot be submitted alongside any other immigration applications, petitions, or benefit requests. Essentially, this form seeks a decisive response from USCIS, determining whether you qualify to waive the 3-or 10-year ban on reentering the United States when leaving to pursue your green card application.
All applicants must be physically present in the United States when submitting Form I-601A and must attend a biometrics appointment at a USCIS facility. USCIS may additionally require you to attend an interview or provide fingerprints, photographs, or signatures at any time to verify identity, collect additional information, and perform background and security checks, including an FBI criminal history record check.
A pivotal criterion for approval is demonstrating that the denial of the waiver would result in extreme hardship for your U.S. citizen or green card holder spouse, or parent (if unmarried).The qualifying relative, while not obligated to be the one who filed the immigrant visa petition, must be your U.S. citizen or green card spouse or parent, in the case of being unmarried. Other direct relatives, even if sponsoring your green card, are not considered for extreme hardship evaluation.
Once all necessary evidence and documentation have been gathered, you can submit the formviamailor through your USCIS online account. USCIS will then proceed with processing your application, may request biometrics, and might schedule an interview, ultimately informing you of the application's outcome. The typical processing time for Form I-601A ranges from 8.5 to 11.5 months.
It's important to note that if the 601A Waiver is denied, the applicant may be subject to the unlawful presence bar upon departure from the United States, meaning they would be barred from reentering for a certain period of time
Each 601A Waiver case is unique and requires careful preparation. It is essential to provide strong evidence of extreme hardship and to present a compelling case to demonstrate eligibility for the waiver.It is highly recommended to consult with an experienced immigration attorney when preparing a 601A Waiver application