Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver printable pdf download

Instructions for Application for

Provisional Unlawful Presence Waiver

USCIS

Form I-601A

Department of Homeland Security

OMB No. 1615-0123

U.S. Citizenship and Immigration Services

Expires 07/31/2018

What Is the Purpose of Form I-601A?

Certain immigrant visa applicants who are relatives of U.S. citizens or Lawful Permanent Residents (LPRs) may use this

application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and

Nationality Act (INA) section 212(a)(9)(B), before they depart the United States to appear at a U.S. Embassy or U.S.

Consulate for an immigrant visa interview.

Who May File Form I-601A?

You may file this application to seek a provisional unlawful presence waiver if you:

1. Are physically present in the United States;

2. Are at least 17 years of age at the time of filing;

3. Have an immigrant visa case pending with Department of State (DOS) because you:

A. Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative, an approved Form I-140,

Petition for Alien Worker, or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant,

and have paid the immigrant visa processing fee to DOS, and you are currently in the process of obtaining your

immigrant visa;

B. Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program

selectee) and are currently in the process of obtaining your immigrant visa; or

C. Are the spouse or child of a principal beneficiary of an approved immigrant visa petition and have paid the

immigrant visa processing fee to DOS, or you are the spouse or child of a DV Program selectee (that is, you are a

DV Program derivative), and you are currently in the process of obtaining your immigrant visa; and

NOTE: The Child Status Protection Act (CSPA) permits certain beneficiaries of immigrant visa petitions to retain

classification as a child even if they have reached 21 years of age. Visit the U.S. Citizenship and Immigration

Services (USCIS) website at

protection-act/child-status-protection-act-cspa

for more information.

NOTE TO DV PROGRAM SELECTEES AND DERIVATIVES: Because a DV Program selectee or derivative

can only be issued a diversity immigrant visa during the fiscal year for which the DV Program selectee registered,

you can only obtain a provisional unlawful presence waiver while you are in the process of obtaining the immigrant

visa with DOS. You are in the process of obtaining an immigrant visa if the DOS Kentucky Consular Center

(KCC) has assigned you a DV case number, and you are awaiting an immigrant visa interview while in the United

States.

4. Believe you are or will be inadmissible only for a period of unlawful presence in the United States that was:

A. More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or

B. One year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).

Form I-601A Instructions 12/23/16 N

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Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver