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I-601A Provisional Unlawful Presence Waiver ~ Reduce Family Separation

The I-601A Provisional Unlawful Presence Waiver allows certain immigrants who are in the United States without status to apply for a waiver of the 3- or 10-year bar before leaving the U.S. for consular processing of their immigrant visa. This process is designed to minimize the time families are separated during the immigration process.

 

Weisner Legal, APC helps clients navigate the complexities of the I-601A waiver process, seeking to maximize their chances of approval and minimize stress.

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Who Qualifies for the I-601A Provisional Waiver?

You may qualify if you:

  • Are an adult who is physically present in the United States

  • Are the beneficiary of an approved immigrant visa petition 

  • Have been unlawfully present in the U.S. more than 6 months

  • Only need a waiver for unlawful presence, not other grounds like criminal history or fraud

  • Can prove that a U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if you are denied admission

 

Benefits of the I-601A Waiver:

  • Reduces time separated from family abroad

  • Provides some peace of mind before leaving the U.S. for consular processing

 

How We Help: Weisner Legal, APC provides personalized expert legal guidance from start to finish:

  • Assessment and eligibility screening

  • Preparing compelling hardship evidence

  • Filing Form I-601A with supporting documents

  • Communicating with USCIS 

FAQs About the I-601A Waiver

1. What is the difference between I-601 and I-601A?

I-601A only waives unlawful presence and is filed only while the noncitizen in the U.S.; I-601 waives various grounds and is either filed from the U.S. or filed abroad.

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2. How long does the I-601A process take?

Processing times vary, but can take multiple years.

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3. Does an I-601A guarantee a green card?

No, it only waives the unlawful presence bar. You must still qualify for the visa.

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4. What happens if the I-601A is denied?

You may explore other immigration options or reapply with stronger evidence.

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5. Can I file the I-601A without an attorney?

It’s possible, but qualified legal representation greatly improves chances of success.

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6. Does the I-601A waiver apply to other inadmissibility grounds?

No, it only applies to unlawful presence.

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7. Do I need to attend a USCIS interview?

Not for the I-601A itself, but a consular interview abroad is required before getting a green card.

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8. What is extreme hardship?

Severe financial, emotional, medical, educational, logistical, and/or other difficulties a qualifying relative would face if you are not admitted.

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9. Can DACA or TPS recipients apply for an I-601A?

Yes, if they meet all eligibility requirements, including having a qualifying relative and an approved visa petition. 

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10. Can I get a green card without leaving the U.S.?

There may be alternative options for some individuals such as parole-in-place. A confidential consultation with an experienced immigration attorney is recommended to review your options.

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For assessment of your I-601A Provisional Waiver eligibility, contact Weisner Legal, APC today.

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