Provisional Unlawful Presence Waiver (I-601A)

Who qualifies

You need an approved immigrant petition, a U.S. citizen or permanent resident spouse or parent who would suffer extreme hardship, and no other inadmissibility grounds.

The step-by-step roadmap

1. 1

   Confirm your approved petition

   You need an approved I-130 or I-140 and an immigrant visa case with the State Department.

   Common rejection reason: No pending immigrant visa case.
2. 2

   Identify your qualifying relative

   Only a U.S. citizen or permanent resident spouse or parent counts for hardship.

   Watch out: Children do not count as qualifying relatives.

   Common rejection reason: Wrong qualifying relative.
3. 3

   Build your extreme hardship evidence

   Document medical, financial, emotional and country-condition hardship your relative would face.

   Watch out: This is the heart of the case — be thorough.

   Common rejection reason: Insufficient proof of extreme hardship.
4. 4

   File Form I-601A

   Submit the form, fee and evidence to USCIS.

   Watch out: Prior removal orders or criminal history may disqualify you.
5. 5

   Attend your consular interview

   After approval, depart for your interview abroad.

   Watch out: Strongly consider an attorney before leaving the U.S.

Documents you'll need

• Approved I-130/I-140 notice

  Approval notice for the immigrant petition.

• State Department fee receipt

  Proof you paid the immigrant visa processing fee.

• Proof of relationship

  Marriage or birth certificate for the qualifying relative.

• Hardship evidence

  Medical records, financial documents, letters and country reports.