Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver (Page 14 of 21) in pdf

If you are subject to an administratively final order of removal, exclusion, or deportation that has been entered or issued

against you (including an in absentia order under INA section 240(b)(5) of the Act) and you applied for, and USCIS

has already approved, an application for permission to reapply for admission into the United States after deportation or

removal under INA section 212(a)(9)(A)(iii) of the Act and 8 CFR 212.2, you may submit a copy of the approval notice

that USCIS sent to you.

DOS Immigrant Visa Processing Fee Receipt (for immediate relatives, family-sponsored, and employment-based

immigrant visa applicants only)

If you are seeking your immigrant visa based on an approved immigrant visa petition (Form I-130, Form I-140, or Form

I-360), you must submit a copy of your fee receipt for your DOS immigrant visa processing fee. Place this fee receipt on

top of your Form I-601A when you submit your application. See the Specific Instructions section of these Instructions

for more information.

NOTE: If you are applying for a provisional unlawful presence waiver based on your selection as a DV Program selectee

or derivative, you do not need to provide a copy of the DOS immigrant visa processing fee receipt with your provisional

unlawful presence waiver application.

Relationship to Qualifying Relative

If you are seeking your immigrant visa based on an approved family-sponsored immigrant visa petition and claim extreme

hardship to a U.S. citizen or LPR spouse or parent who is the immigrant visa petitioner, you do not need to present

evidence of your relationship to the petitioner. The immigrant visa petitioner will have already presented this evidence

when he or she filed the immigrant visa petition (Form I-130 or Form I-360).

You must submit evidence that shows the qualifying relationship if:

1. You are seeking your immigrant visa based on an approved employment-based immigrant visa petition;

2. You are a DV Program selectee or derivative; or

3. You are seeking your immigrant visa based on an approved family-sponsored immigrant visa petition and you claim

extreme hardship to a qualifying relative who is not the immigrant visa petitioner.

You must submit the following evidence to establish the relationship.

1. To your spouse:

A. A copy of your marriage certificate; and

B. If either you or your spouse were previously married, copies of documents showing that all prior marriages were

legally terminated.

2. To your mother:

A. A copy of your birth certificate that shows your name and the name of your mother; and

B. If your mother’s name has changed since your birth and is different from what is shown on your birth certificate, a

copy of the legal document that authorized the name change.

3. To your father:

A. A copy of your birth certificate that shows both parents’ names;

B. A copy of your parents’ marriage certificate or other evidence that shows you were legitimated before reaching 18

years of age;

C. Evidence of legal termination of your parents’ prior marriages, if any; or

D. If you were born out of wedlock and were not legitimated before reaching 18 years of age, you must include any

evidence establishing that a bona fide parent-child relationship existed between you and your father while you

were unmarried and under 21 years of age. You may include evidence that your father lived with you, supported

you, or otherwise showed continuing parental interest in your welfare.

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

Page 14 of 21

Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver Page 14