Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver (Page 17 of 21) in pdf

NOTE: USCIS will consider extreme hardship only to a qualifying relative. If you describe extreme hardship to yourself

or anyone other than a qualifying U.S. citizen or LPR spouse or parent, you must show how this extreme hardship affects

the extreme hardship your qualifying U.S. citizen or LPR spouse or parent would experience if you are refused admission

to the United States.

Establishing That Your Case Warrants A Favorable Exercise of Discretion

Approval of Form I-601A is discretionary. To determine if your case warrants a favorable exercise of discretion, USCIS

will review the evidence in the records and weigh all favorable and unfavorable factors when deciding whether to approve

your application as a matter of discretion. You should describe the favorable and unfavorable factors in your case and

explain why you think the favorable factors should be given more weight.

Some favorable factors may include, but are not limited to:

1. Close family ties in the United States;

2. Hardship to your relatives who are U.S. citizens or LPRs, or to yourself, or your employer in the United States;

3. Evidence of reformation and rehabilitation;

4. Length of lawful presence in the United States and your immigration status while you were lawfully present;

5. Evidence of respect for law and order, good moral character, and family responsibilities or intent to hold family

responsibilities;

6. Absence of significant undesirable or negative factors; and

7. Likelihood that you will become an LPR in the near future.

Some unfavorable factors may include, but are not limited to:

1. Evidence of bad moral character, including criminal tendencies reflected by past convictions or an ongoing unlawful

activity or continuing police record;

2. Repeated violations of U.S. immigration laws and a willful disregard for other laws;

3. Absence of close family ties or hardships;

4. Fraudulent marriage to a U.S. citizen for the purpose of gaining an immigration benefit; and

5. Unauthorized employment in the United States.

What Is the Filing Fee?

The filing fee for Form I-601A is $630. A biometric services fee of $85 is also required for applicants between 14 and 79

years of age. Therefore, the fees you must submit with the application are:

1. $630 plus $85 for the biometric services fee if you are under 79 years of age; or

2. $630 if you are under 14 years of age or 79 years of age or older.

3. You may not request a fee waiver for the Form I-601A filing fee or biometric services fee.

NOTE: The filing fee and biometric services fee are not refundable, regardless of any action USCIS takes on this

application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.

Use the following guidelines when you prepare your checks or money orders for the Form I-601A filing fee and

biometric services fee:

1. The checks or money orders must be drawn on a bank or other financial institution located in the United States and

must be payable in U.S. currency; and

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

Page 17 of 21

Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver Page 17