Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver (Page 2 of 21) in pdf

Who is NOT Eligible to Receive a Provisional Unlawful Presence Waiver?

You are not eligible for a provisional unlawful presence waiver and USCIS will deny your application if any of the

following apply to you:

1. You do not meet all of the requirements listed in the Who May File Form I-601A section of these Instructions;

2. You have Form I-485, Application to Register Permanent Residence or Adjust Status, pending with USCIS;

3. You are in removal proceedings, unless your removal proceedings are administratively closed and have not been

placed back on the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) calendar to

continue your removal proceedings at the time you file your Form I-601A;

NOTE: Even if your removal proceedings are administratively closed, you are still “in removal proceedings” until

EOIR terminates or dismisses your case. You are, however, eligible to apply for a provisional unlawful presence

waiver if EOIR has not placed your removal proceedings back on its calendar to continue your removal proceedings.

4. 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)) unless, you applied for, and USCIS has

already granted, an application for permission to reapply for admission under section 212(a)(9)(A)(iii) of the Act and

8 CFR 212;

NOTE: Permission to reapply for admission is also called “consent to reapply.” The application is filed on Form

I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. For

more information on Form I-212, please visit USCIS’ website at

5. The Department of Homeland Security (DHS) has entered a final decision reinstating a prior deportation, exclusion,

or removal order against you under INA 241(a)(5) by serving you with a Form I-871, Notice of Intent/Decision to

Reinstate Prior Order, before you filed the provisional unlawful presence waiver application or while the provisional

unlawful presence waiver application is pending;

NOTE: You are not yet ineligible for the provisional unlawful presence waiver if DHS has only served you with

a notice that DHS intends to reinstate a prior deportation, exclusion, or removal order, but only if DHS enters a

final order reinstating the prior deportation, exclusion, or removal order. You must still let USCIS know, if DHS

has served you with the notice that DHS intends to reinstate the order, since that fact may be material to the

adjudication of your application.

6. You are currently subject to an unexpired grant of voluntary departure from the immigration judge or the BIA; or

7. You fail to establish that your U.S. citizen or LPR spouse or parent would experience extreme hardship if you are

refused admission to the United States or that USCIS should approve your application as a matter of discretion. You

must establish that refusal to admit you would result in extreme hardship to your U.S. citizen or LPR spouse or parent.

You must also establish that your case warrants a favorable exercise of discretion by showing that favorable factors in

your case should be given more weight than the unfavorable factors.

Can I File Other Forms with Form I-601A?

Form I-601A is a standalone application. You cannot file Form I-601A with any other applications,

petitions, or requests

for immigration benefits. You also should not file any other applications, petitions, or requests for immigration benefits

considered with

with Form I-601A or request that these applications, petitions, or requests for immigration benefits be

Form I-601A.

If you submit your Form I-601A with any of the following forms, your application will be REJECTED and returned to

you with the filing fee and biometric services fee:

1. Application to Register Permanent Residence or Adjust Status (Form I-485);

2. Petition for Alien Relative (Form I-130);

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

Page 2 of 21

Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver Page 2

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