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I-601A Provisional Unlawful Presence Waiver

FORMS: Form I-601A

Overview

I-601A allows certain immediate relatives and family preference applicants who entered without inspection (or are otherwise subject to 3/10-year unlawful presence bars) to obtain a provisional waiver while still in the U.S. — before departing for consular processing. This dramatically reduces the time families are separated during the immigrant visa process.

Eligibility Requirements

Eligible for immigrant visa (immediate relative or family preference); subject only to unlawful presence inadmissibility (no other grounds); demonstrate extreme hardship to U.S. citizen or LPR spouse or parent; in U.S. at filing; and merit favorable discretion.

Application Process

Step 1: I-130 approved. Step 2: National Visa Center fee paid. Step 3: File Form I-601A while in U.S. Step 4: Upon I-601A approval, depart U.S. for consular interview. Step 5: Visa issued; return to U.S. as immigrant.

Required Documentation

Same as I-601 (extreme hardship to qualifying relative); plus: only unlawful presence ground (no other inadmissibility); approved I-130; and NVC processing fees paid.

Government Filing Fees

I-601A filing fee; biometrics fee.


Processing Timeline

I-601A currently 18–36 months; consular processing follows I-601A approval.

Why Choose Our Firm

We process numerous I-601A cases for spouses and parents of U.S. citizens and LPRs, particularly within Mexican, Central American, South Asian, and African communities. Our extreme hardship documentation practice produces consistent approvals.

READY TO TAKE THE NEXT STEP?

If you entered without inspection and are immediate relative of a U.S. citizen, I-601A may keep your family together during consular processing. Contact us for evaluation.

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