I-601A Provisional Waivers
On January 3, 2013, the Department of Homeland Security published a regulation allowing immediate family members of U.S. citizens who entered the U.S. without inspection, or are otherwise ineligible to adjust their status in the U.S. due to unlawful presence, to apply for “form I-601A provisional waivers” in the United States. Once their waivers are approved by the USCIS, they will be eligible to attend their appointments for immigrant visas (green cards) in their countries of origin.
The aim of this new program, which became effective on March 4, 2013, is to avoid having spouses and sons and daughters of U.S. citizens be separated from their families for months or even years while their waivers are pending.
Now, these family members will obtain their waivers before departing the U.S., will be interviewed abroad, and will then return to their families in the U.S. within just a few days or weeks.
In our FAQ, we explain who is eligible to submit a provisional waiver, what happens if a person’s waiver is denied and how to qualify for this program if you in removal proceedings.
“Know their job well and perform it flawlessly. Don’t do the mistake we did and try to save few bucks going with nonprofessionals and sole practitioners! It will end up not only costing you much more in the long run, but also putting your status in jeopardy which can have a priceless impact. It is one of the most important steps in your life.” (More client reviews…)
I-601A Provisional Waivers is divided into the following topics:
Related Pages:
- Green Cards Through Marriage
- Green Cards Through Relatives
- Adjustment of Status
- Unlawful Presence Bars and Waivers
General Information
- I-601A Provisional Waiver FAQ
- Provisional Unlawful Presence Waivers (USCIS)
- Provisional Unlawful Presence Waiver – Notifying the National Visa Center (State Department)
- Regulations.gov Resources on Provisional Unlawful Presence Waivers
- USCIS Memo: Response Time for Provisional Waiver RFEs Limited to 30 Days (3-1-13)
- How Do I File for a Provisional Unlawful Presence Waiver? (USCIS) (January 2013)
- Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives (DHS Regulation) (1-03-13)
- Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process (USCIS) (1-02-13)
- Provisional Unlawful Presence Waivers: Q&A (USCIS) (12-05-12)
Videos
- Unlawful Presence Bars and Waivers
Unlawful presence can complicate your return to the U.S., and applies to persons who: (1) entered the U.S. without inspection; (2) overstayed their visa; or (3) violated their temporary visa status if the violation was officially cited by the government.
- I-601A Provisional Unlawful Presence Waivers
The new Provisional Unlawful Presence Waiver (I-601A) allows eligible immediate relatives of U.S. citizens to apply for a waiver while in the U.S. before going to their home countries for their green card interviews.
Articles and Reports

