Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver (Page 3 of 21) in pdf

3. Application for Permission to Reapply for Admission Into the United States After Deportation or Removal (Form I-212);

4. Application for Travel Document (Form I-131); or

5. Application for Employment Authorization (Form I-765).

NOTE: You may file Form G-1145, E-Notification of Application/Petition Acceptance, with Form I-601A to request that

USCIS electronically notify you when USCIS accepts your Form I-601A application.

NOTE: Applicants for provisional unlawful presence waivers cannot seek adjustment of status in the United States

based on Form I-601A. A provisional unlawful presence waiver is only effective if the applicant departs the United

States, attends the immigrant visa interview scheduled by DOS at a U.S. Embassy or U.S. Consulate abroad, and the

consular officer finds that the applicant is eligible for the immigrant visa. For more information about the immigrant visa

process, visit the DOS website at

What Should I Do After I File Form I-601A?

After you file your Form I-601A, it is important that you provide all required paperwork for your immigrant visa to the

Department of State, National Visa Center (NVC). The NVC cannot schedule your immigrant visa interview until it

receives all of your immigrant visa paperwork. Failure to submit the required paperwork will delay your case.

What Should I Do Once USCIS Approves My Provisional Unlawful Presence Waiver?

1. If you are in removal proceedings, obtain a termination or dismissal order from EOIR. If you are in removal

proceedings and USCIS approves your Form I-601A, it is important that you seek an order from EOIR that terminates

or dismisses your removal proceedings before you leave the United States. Leaving the United States before your

removal proceedings are terminated or dismissed may delay processing of your immigrant visa based on another

ground of inadmissibility. Leaving the United States before your removal proceedings are terminated or dismissed

may also result in the automatic revocation of your approved provisional unlawful presence waiver. Visit the USCIS

website at

for information about how to seek termination or dismissal of your

removal proceedings before you depart the United States.

2. Depart the United States to attend your immigrant visa interview. You must depart the United States to attend

your immigrant visa interview for the provisional unlawful presence waiver to become fully effective. If you fail to

do this, your provisional unlawful presence waiver will not take effect and the approval may no longer be valid.

How Long Is My Approved Provisional Unlawful Presence Waiver Valid and When Can USCIS

Revoke It?

1. Validity of an approved waiver. An approved provisional unlawful presence waiver takes effect once you depart

the United States, you appear for your immigrant visa interview, and the DOS consular officer determines you are

otherwise admissible to the United States and eligible for an immigrant visa. Once your waiver takes effect, it is valid

indefinitely for the period of unlawful presence that was waived.

2. Revocation of an approved waiver. An approved provisional unlawful presence waiver is automatically revoked

and no longer valid if:

A. You enter or attempt to reenter the United States without inspection and admission or parole:

(1) While your application for a provisional unlawful presence waiver is pending with USCIS;

(2) After your provisional unlawful presence waiver is approved; or

(3) Before your immigrant visa is issued;

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

Page 3 of 21

Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver Page 3