Fill out I-601A (Application for Provisional Unlawful Presence Waiver) online
Form I-601A is used to request a provisional waiver of the unlawful presence grounds of inadmissibility before departing the United States for an immigrant visa interview abroad. This allows applicants to obtain a waiver decision while still in the U.S., reducing the time spent separated from family during consular processing.
How to fill out I-601A (Application for Provisional Unlawful Presence Waiver)
Confirm eligibility for the provisional waiver
Verify that you are the beneficiary of an approved immigrant visa petition, your case is pending with the Department of State, you are physically present in the U.S., and your only ground of inadmissibility is unlawful presence under INA 212(a)(9)(B).
Enter applicant and qualifying relative information
Provide your full legal name, A-Number, date of birth, current address, and immigration history. Enter your qualifying U.S. citizen or LPR spouse or parent information including their name, date of birth, and relationship to you.
Demonstrate extreme hardship
Provide evidence that your qualifying relative would suffer extreme hardship if you were denied admission. Include financial records, medical documentation, psychological evaluations, evidence of family ties, and country condition information.
Submit and await approval before departing
File the completed form with the filing fee and all supporting evidence. Do not leave the United States until USCIS approves the provisional waiver. Once approved, attend your immigrant visa interview at the U.S. consulate abroad.
About I-601A (Application for Provisional Unlawful Presence Waiver)
Who needs this form
Individuals who are present in the United States, are the beneficiary of an approved immigrant visa petition, have a case pending with the Department of State, and believe they will be found inadmissible only for unlawful presence when they depart for their consular interview. A qualifying relative (U.S. citizen or LPR spouse or parent) must exist.
Where to submit
File with USCIS by mail to the lockbox address specified in the form instructions. The applicant must be physically present in the United States at the time of filing. Do not depart the U.S. until the provisional waiver is approved.
Source and content freshness
- Reviewed: 2026-02-24
- Filing deadlines may shift for weekends and holidays. Verify due dates with official instructions.
Common mistakes to avoid
- Departing the United States before receiving the provisional waiver approval
- Filing when there are additional grounds of inadmissibility beyond unlawful presence (I-601A only covers unlawful presence)
- Not having an approved immigrant visa petition (I-130 or I-140) at the time of filing
- Failing to demonstrate that denial would cause extreme hardship to the qualifying relative
Frequently asked questions
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What happens after my I-601A is approved?
After USCIS approves your I-601A provisional waiver, you must depart the United States and attend your immigrant visa interview at the U.S. consulate abroad. If the consular officer finds you inadmissible only for unlawful presence, the provisional waiver takes effect. If additional grounds of inadmissibility are found, you may need to file a separate Form I-601 waiver at the consulate.
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