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Official form guide
Form I-601A is the Application for Provisional Unlawful Presence Waiver. It is used by certain immediate relatives of U.S. citizens or lawful permanent residents who are in the United States without lawful status and need a waiver before leaving for consular processing.
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Form I-601A is the Application for Provisional Unlawful Presence Waiver. It is used by certain immediate relatives of U.S. citizens or lawful permanent residents who are in the United States without lawful status and need a waiver before leaving for consular processing.
Plain English
If you’re an undocumented family member of a U.S. citizen or green‑card holder and you have to leave the U.S. for an immigrant visa interview, this form asks USCIS to waive the 3‑year or 10‑year bar that would otherwise keep you out. You file it while still in the U.S. so you can stay for the interview.
Submission Date
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Criminal inadmissibility
Waiver covers crimes, not unlawful presence
✓ Verify the nature of the inadmissibility before filing
No qualifying relative
Waiver not available without a U.S. citizen/green‑card holder spouse, parent, or child
✓ Consider other immigration options
There is no statutory deadline, but USCIS recommends filing the I‑601A as soon as the I‑130 is approved and before the applicant departs for the visa interview. Delaying can cause the applicant to leave the U.S. without a waiver in place, triggering the 3‑ or 10‑year bar.
Checklist
Relationship proof
Marriage certificate, birth certificate, or adoption decree · Vital records office or USCIS portal
Hardship evidence
Medical records, employment letters, financial statements · Doctor’s office, employer HR, bank
Passport copies
Biographic page and visa stamps · Passport holder
I‑130 receipt
USCIS receipt notice (Form I‑797) · Email or paper copy
Fee payment
Check or money order payable to "U.S. Department of Homeland Security" · Bank
Field map
Petitioner Info
3 items
Your current legal name as it appears on your Green Card or U.S. passport.
Your date of birth (MM/DD/YYYY).
Your Green Card number (A-Number) if a permanent resident, or USCIS online account number.
Beneficiary Info
3 items
Full legal name of the relative you are petitioning for.
Date of birth of the relative (MM/DD/YYYY).
Alien Registration Number of the beneficiary if previously assigned.
Relationship
1 items
Select the qualifying relationship: spouse, unmarried child under 21, unmarried child over 21, married child, parent, or sibling.
Evidence
1 items
List of documents establishing the qualifying relationship (marriage certificate, birth certificate, etc.).
Signatures
2 items
Your signature certifying all information is correct under penalty of perjury.
Date you signed the form (MM/DD/YYYY).
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Fillable formOpen in Editor->Check the USCIS website for the most recent edition date and fee. The form is currently at the 08/02/2024 edition, but verify before filing.
Quick Facts
Downloads
Unlawful presence vs. unlawful status
Applicants think any illegal stay qualifies
→ Confirm the 180‑day minimum and bar length
Provisional waiver vs. final waiver
Some think approval ends the bar
→ Understand that final approval occurs after consular interview
Fee amount
Fee changes annually
→ Verify the current fee on the USCIS fee schedule
Biometrics requirement
Not always required
→ Check the receipt notice for biometrics instructions
Eligibility of parents vs. children
Misunderstanding of qualifying relative
→ Review USCIS definition of immediate relative
Workflow map
Current
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