What is Form I-601A?
Form I-601A, also known as the Application for Provisional Unlawful Presence Waiver, allows certain eligible immigrant visa applicants to request a waiver for unlawful presence before leaving the United States for their visa interview at a U.S. embassy or consulate. Under Section 212(a)(9)(B) of the Immigration and Nationality Act (INA), individuals who accrue more than 180 days of unlawful presence may face a 3-year bar, while those with one year or more may face a 10-year bar after departing the U.S.
The I-601A waiver addresses only the unlawful presence ground of inadmissibility and does not provide legal status, forgive other immigration violations, or guarantee visa approval. To qualify, applicants must meet specific requirements, including having a qualifying immigrant visa process and meeting the eligibility standards established by U.S. immigration law.
Contact the Colavecchio & Colavecchio Law Office
Filing for any type of provisional waiver is time-consuming and stressful. Additionally, these matters are often life-changing. For that reason, you want to have attorneys who care for your success.
Colavecchio & Colavecchio Law finds solutions to your challenging problems. We will guide you every step of the way and answer any questions you have. We are a family-operated firm, and our goal is to treat every client like family.
We’ve completed over 200 cases in Tennessee and conducted hours of research to become experts in the law. Immigration law has high stakes, and we do not take our job lightly when it comes to fighting in your interest.
Other than the provisional waiver (I-601A), our other immigration law practice areas include green cards, citizenship applications, and more. Contact us today to discuss your options for a provisional waiver.
Addressing Unlawful Presence Issues
The Provisional Waiver (Form I-601A) allows certain eligible applicants to request forgiveness for unlawful presence before leaving the U.S.
Preparing for the Consular Interview
An approved I-601A waiver can help reduce uncertainty during the immigrant visa process by addressing unlawful presence concerns.
Evaluating Your Eligibility
Every I-601A case depends on factors such as your immigration history, approved petition, and qualifying relatives.
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Frequently Asked Questions
Q1. Can I apply for an I-601A waiver while living in the United States?
A: Yes. Eligible applicants must be physically present in the United States when filing Form I-601A and when USCIS makes a decision on the application.
Q2. Can an approved I-601A waiver guarantee that I will receive a Green Card?
A: No. The waiver only forgives unlawful presence. You must still complete the immigrant visa process and meet all other immigration requirements.
Q3. What happens if my I-601A waiver is denied?
A: A denial does not automatically end your immigration options, but the next steps depend on your circumstances, including your immigration history and the reason for the denial.
Q4. Can I leave the United States after filing an I-601A waiver?
A: Leaving the U.S. while your waiver is pending may affect your application. Applicants should understand the risks before traveling outside the country.
Q5. Can I apply for an I-601A waiver if I entered the U.S. without inspection?
A: Possibly. Eligibility depends on several factors, including whether you have an approved immigrant petition, a qualifying immigrant visa process, and whether you meet the waiver requirements.
