Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver (Page 7 of 21) in pdf

Based on a USCIS-Approved Immigrant Visa Petition

USCIS sends the approved immigrant visa petition to the DOS NVC for consular processing of the immigrant visa if

Form I-130, Petition for Alien Relative, Form I-140, Immigrant Petition for Alien Worker, or Form I-360, Petition for

Amerasian, Widow(er), or Special Immigrant, indicates that the beneficiary will seek an immigrant visa through the

consular process abroad or if the beneficiary is not eligible to adjust status in the United States. Once the NVC receives

this approved immigrant visa petition, the NVC sends the beneficiary instructions on how to initiate the immigrant visa

process and pay the immigrant visa processing fee.

You must have already paid the DOS immigrant visa processing fee and must provide USCIS with a copy of your DOS-

issued immigrant visa processing fee receipt or other evidence of fee payment when you submit your provisional unlawful

presence waiver application. You must submit the DOS immigrant visa processing fee receipt or other evidence of fee

payment for the NVC case associated with the approved immigrant visa petition. Contact the NVC if you need another

copy of your DOS-issued immigrant visa processing fee receipt.

Based on the Diversity Visa Program

DOS administers the DV Program. To participate in the program, a foreign national must register with DOS during the

designated registration period. If DOS selects the foreign national from the pool of registrants to continue the DV process,

DOS instructs the DV Program selectee and any derivatives on how to obtain an immigrant visa.

If you are a DV Program selectee or derivative, you can submit a provisional unlawful presence waiver request to USCIS

as soon as you are selected. You must submit a print out from the DV Entrant Status Check page of the DOS Electronic

Diversity Visa system website at , confirming that you are a DV Program selectee or derivative.

NOTE: DV Program selectees and derivatives DO NOT need to show that they have already paid the DOS immigrant

visa processing fee and they DO NOT have to submit a copy of the DOS-issued immigrant visa processing fee receipt.

Extreme Hardship to a Qualifying Relative

You must show that you have a U.S. citizen or LPR spouse or parent (qualifying relative) who would experience extreme

hardship if you are refused admission to the United States. The qualifying relative does not need to be the relative who

filed the immigrant visa petition, but he or she must be your U.S. citizen or LPR spouse or parent. For information about

how you can show extreme hardship to your qualifying relative, see Extreme Hardship in the What Evidence Must I

Submit With Form I-601A section of these Instructions.

NOTE to parents of a U.S. citizen or LPR child: A U.S. citizen or LPR child is not a qualifying relative for the purpose

of showing extreme hardship in this application. USCIS will not consider extreme hardship experienced by your U.S.

citizen or LPR children except to the extent that it affects the extreme hardship your U.S. citizen or LPR spouse or parent

would experience.

NOTE to surviving relatives: If your U.S. citizen or LPR spouse or parent filed your immigrant visa petition, but died

after filing the immigrant visa petition on your behalf, USCIS will consider the U.S. citizen or LPR spouse’s or parent’s

death the functional equivalent of extreme hardship to the U.S. citizen or LPR spouse or parent, if you resided in the

United States at the time of the death and you continue to reside in the United States.

You must still complete Part 3. Information About Your Immigrant Visa Case and Part 4. Information About Your

Qualifying Relative with information about the Form I-130 petitioner. In Part 5. Statement From Applicant, you must

explain why you believe USCIS should approve your application for a provisional unlawful presence waiver as a matter

of discretion. You must also provide a copy of the U.S. citizen or LPR spouse’s or parent’s death certificate with your

application.

This application is divided into nine parts. See below for greater detail.

Part 1. Information About You

In this section, provide the requested information about yourself.

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

Page 7 of 21

Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver Page 7

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