Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver (Page 9 of 21) in pdf

If you came into the United States without inspection by U.S. Customs and Border Protection at a port-of-entry, type or

print “PWI” as your immigration status.

If you need extra space to complete this section, use the space provided in Part 9. Additional Information.

Item Numbers 27. - 45. Your Immigration or Criminal History. Provide information about any and all immigration or

criminal history.

1. Immigration Proceedings (Item Numbers 27. - 30.)

Item Number 27. You Are In Removal Proceedings But There Is No Final Order Yet. Indicate whether you are

currently in removal, exclusion, or deportation proceedings because the immigration judge, the Board of Immigration

Appeals, or a Federal court has not issued an order in your case yet. You are generally not eligible for a provisional

unlawful presence waiver unless your case is administratively closed and has not been put back on the court’s docket

at the time you file your Form I-601A.

If you answer “Yes” to Item Number 27., you should proceed to Item Numbers 28.a - 28.b. Based on the scenario

that applies to you in Item Numbers 28.a. - 28.b., you may be eligible for a provisional unlawful presence waiver.

If your removal proceedings were terminated, you must submit a copy of all documents relating to the removal,

deportation, or exclusion proceedings, including the order terminating the removal proceedings. If removal

proceedings were terminated, you are not in removal proceedings.

Item Numbers 28.a. - 28.b. Removal Proceedings Administratively Closed or Removal Proceedings Put Back

on EOIR’s Calendar to Continue The Case. Indicate which statement applies to you if you are currently in removal,

deportation, or exclusion proceedings. Provide the evidence requested in the scenario that applies to you.

If your case is administratively closed and has not been put back on EOIR’s calendar to continue your case, you may be

eligible for a provisional unlawful presence waiver. If your case was administratively closed but has been put back on

EOIR’s calendar to continue your case, you are ineligible for a provisional unlawful presence waiver.

Item Numbers 29.a. - 29.b. Being Subject to Final Order of Removal, Exclusion, or Deportation. Indicate whether

you are currently subject to a final order of removal, exclusion, or deportation.

NOTE: If you answer “Yes” to Item Number 29.a., you are ineligible for a provisional unlawful presence waiver

unless you applied for and USCIS has already approved an application for permission to reapply for admission under

INA section 212(a)(9)(A)(iii) and 8 CFR 212.2 on Form I-212, Application for Permission to Reapply for Admission into

the United States after Deportation or Removal. If you have already applied for, and USCIS has already granted, you

permission to reapply for admission, provide the relevant information about the approved Form I-212 in Item Number

29.b. You may also provide a copy of the approval notice that USCIS sent to you when it approved your Form I-212.

Item Number 30. Reinstated Removal. Indicate in Item Number 30.a. whether DHS has served you with a Form

I-871, Notice of Intent/Decision to Reinstate Prior Order, indicating that DHS intends to reinstate a prior deportation,

exclusion, or removal order against you under INA section 241(a)(5).

Item Number 30.b. If you answered “Yes” to Item Number 30.a., indicate whether DHS has entered a final order

reinstating a prior deportation, exclusion, or removal proceeding.

Item Number 31. Being Subject To An Unexpired Grant Of Voluntary Departure. Indicate whether you are

currently subject to an unexpired grant of voluntary departure that was granted to you by an immigration judge or the

Board of Immigration Appeals (BIA) during your removal proceedings.

If you are currently subject to an unexpired grant of voluntary departure from the immigration judge or the BIA, you are

not eligible for a provisional unlawful presence waiver. If you were granted voluntary departure in the past, but then you

withdrew your voluntary departure request or otherwise terminated voluntary departure you should not select “Yes” to

Item Number 31. In this case, you may be in removal proceedings or you may be the subject of a final order of removal,

deportation or exclusion. You should select the statements that apply to you in Item Numbers 27. - 28.b. or Item

Number 29.

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

Page 9 of 21

Instructions For Form I-601a - Application For Provisional Unlawful Presence Waiver Page 9

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