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.Provisional Waiver

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…)


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General Information – Provisional Waivers



Videos – Provisional Waivers


  • 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 – Provisional Waivers