Complete Guide to Form I-601A
A complete field-by-field guide to the Application for Provisional Unlawful Presence Waiver, including applicant information, immigration and criminal history, immigrant visa case information, qualifying relatives, extreme hardship, discretion, signatures and supporting evidence.
Before You Start: Confirm That I-601A Is the Correct Waiver
Form I-601A is limited to the provisional waiver of unlawful presence under INA section 212(a)(9)(B). It is not a waiver for every possible ground of inadmissibility.
It does not give lawful status, employment authorization, admission to the United States, or a guarantee that an immigrant visa will be issued. The Department of State still determines admissibility during immigrant visa processing.
Information About You
Alien Registration Number — A-Number
Enter your A-Number if USCIS or another immigration authority assigned one to you.
U.S. Social Security Number
Enter your U.S. Social Security Number if one has been issued. Do not enter a foreign tax or national identification number.
USCIS Online Account Number
Provide your USCIS Online Account Number if one has been assigned. This is different from your A-Number and receipt number.
Your Full Legal Name
Enter your Family Name, Given Name and Middle Name exactly according to your legal identity records.
GIVEN NAME: EMMA
MIDDLE NAME: SOPHIE
Other Names Used
List every other name you have used, including maiden names, aliases, former legal names and nicknames.
U.S. Mailing and Physical Address
U.S. Mailing Address
Provide the U.S. address where you can reliably receive USCIS correspondence, including In Care Of Name where applicable, street number and name, apartment, suite or floor, city, state and ZIP Code.
Is Your Physical Address the Same as Your Mailing Address?
U.S. Physical Address
Provide street number and name, apartment, suite or floor, city, state and ZIP Code for your actual residence.
Sex
Date and Place of Birth
Provide your date of birth, city or town of birth and country of birth exactly as supported by your legal records.
Country of Citizenship or Nationality
Provide your current country of citizenship or nationality.
Immigration History and Unlawful Presence
Unlawful Presence of More Than 180 Days but Less Than One Year
Form I-601A may be used when you believe departure will trigger the three-year unlawful-presence bar under INA section 212(a)(9)(B)(i)(I).
Unlawful Presence of One Year or More
Form I-601A may also address the ten-year unlawful-presence bar under INA section 212(a)(9)(B)(i)(II).
Other Possible Grounds of Inadmissibility
If the consular officer later finds another inadmissibility ground, such as certain fraud, criminal, removal or unlawful reentry grounds, an approved I-601A may no longer solve the case.
Removal, Exclusion and Deportation History
Are You Currently in Removal, Exclusion or Deportation Proceedings?
Administratively Closed Proceedings
If proceedings were administratively closed, provide the applicable immigration-court documentation and review the current eligibility rules carefully.
Final Removal, Deportation or Exclusion Order
Voluntary Departure
Answer the voluntary-departure questions accurately. An unexpired grant of voluntary departure can affect eligibility for I-601A.
If the departure period expired without departure, the immigration consequences may include an outstanding removal order. Review the actual court record.
Form I-212 Information
Do You Have an Approved Form I-212?
Where I-212 approval is required for I-601A eligibility, provide the USCIS receipt information requested by the form and keep the approval notice available.
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Criminal History Questions
The current form asks a series of detailed questions concerning arrests, detentions, charges, convictions and related criminal history. Answer each question separately.
Arrested or Detained
Disclose applicable arrests or detentions even when no criminal charge was ultimately filed.
USCIS instructions require relevant arrest and court records even in many dismissed, sealed, expunged or diversion cases.
Charged With a Crime or Offense
If you were charged, provide the complete factual answer and certified court disposition required by the instructions.
Conviction
Report applicable convictions truthfully, including records that may have been sealed, expunged or treated under a rehabilitation program when USCIS requires disclosure.
Sentence, Probation or Other Court Disposition
Provide the actual outcome of the criminal matter, including sentencing or alternative disposition where applicable.
Location, Date and Description
For any Yes response requiring explanation, use Part 9 to provide the location, date and a concise but complete description of what occurred.
Other Conduct and Serious-History Questions
Human Rights Violations or Serious Harm
The current I-601A questions require disclosure of specified serious conduct, including certain acts involving torture, genocide, human trafficking, murder, serious injury or forced sexual activity.
These questions can indicate potential grounds of inadmissibility outside the unlawful-presence waiver covered by I-601A.
But I-601A only provisionally waives unlawful presence. A criminal record can affect eligibility, discretion, or create another inadmissibility ground that the provisional waiver does not cover.
Biographic Information
Ethnicity
Race
Select every applicable race category listed on the form.
Height
Enter your height in feet and inches.
Weight
Enter your weight in pounds.
Eye Color
Select the eye-color option that applies.
Hair Color
Select the hair-color option that applies.
Information About Your Immigrant Visa Case
Basis for Immigrating to the United States
Select only one basis for your immigrant visa case.
Diversity Visa Case Information
DOS DV Case Number — KCC Case Number
Provide the Diversity Visa case number assigned by the Department of State Kentucky Consular Center.
DV Program Selectee's Full Name
If your spouse or parent is the principal DV selectee, provide that person's Family Name, Given Name and Middle Name.
Form I-130, I-140 or I-360 Case Information
USCIS Receipt Number
Provide the receipt number for the approved immigrant petition that forms the basis of your immigrant visa case.
DOS Consular Case Number — NVC Case Number
Provide the Department of State or National Visa Center case number.
Petitioner Name
Provide the full name of the family member who filed the petition, or identify the company or organization for an applicable employment-based case.
Self-Petition Cases
If the underlying immigration classification permits self-petitioning, provide the petition information exactly as it appears in USCIS records.
Information About Your Qualifying Relative
Qualifying Relative's Full Name
Provide the Family Name, Given Name and Middle Name of the spouse or parent who would experience extreme hardship if you were refused admission.
GIVEN NAME: JOHN
MIDDLE NAME: ALEXANDER
Relationship to You
Hardship to children can still be relevant indirectly when it affects a qualifying spouse or parent, but the I-601A extreme-hardship qualifying relative is the applicable U.S. citizen or lawful permanent resident spouse or parent.
Do You Have More Than One Qualifying Relative?
Additional Qualifying Relative
Provide Family Name, Given Name, Middle Name and select whether the additional relative is a U.S. citizen spouse, U.S. citizen parent, LPR spouse, or LPR parent.
Statement From Applicant — Extreme Hardship
Why Would Your Qualifying Relative Experience Extreme Hardship?
Explain the specific hardships your qualifying relative would experience if you were refused admission to the United States. The statement should connect each claimed hardship to actual evidence.
Separation Scenario
Explain what would happen if your qualifying relative remained in the United States while you remained outside the country.
Medical needs
Mental health
Caregiving responsibilities
Household income
Housing costs
Debts
Employment
Children and other dependents
Family responsibilities
Education
Other documented circumstances
Relocation Scenario
Explain the hardship if the qualifying relative relocated outside the United States in order to live with you.
Country conditions
Health-care availability
Employment loss
Professional licensing
Education
Language difficulties
Family separation
Safety concerns
Financial consequences
Care of relatives in the United States
Medical Hardship
Where health issues are relevant, provide medical records, professional evaluations, treatment information and evidence explaining how separation or relocation would affect care.
Financial Hardship
Use actual financial records to show income, expenses, debts, housing, childcare, medical costs and other relevant obligations.
Psychological and Emotional Hardship
Describe genuine psychological or emotional consequences and support significant conditions with qualified professional evidence where appropriate.
USCIS considers the totality of the circumstances. Build the explanation around the actual facts of the qualifying relative, not generic statements about family separation.
Why USCIS Should Approve the Waiver as a Matter of Discretion
Favorable Factors
Explain positive factors that genuinely apply to your case, such as family ties, responsibility, rehabilitation, community involvement, employment history or other relevant circumstances.
Unfavorable Factors
Address significant adverse facts honestly, including relevant immigration or criminal history. Explain context, subsequent conduct and rehabilitation when applicable.
Applicant Statement, Contact Information and Signature
Applicant Statement
Indicate whether you read and understood the application yourself or whether an interpreter read it to you.
Use of a Preparer
Select the applicable box if a preparer completed the application based on information you provided or authorized.
Daytime Telephone Number
Provide your current daytime telephone number.
Mobile Telephone Number
Provide your mobile telephone number if applicable.
Email Address
Provide your current email address if applicable.
Declaration and Certification
Read the declaration carefully before signing. You certify that the information and documents submitted are complete, true and correct.
Applicant Signature and Date
A stamped or typewritten name does not replace the required signature.
Interpreter Contact Information, Certification and Signature
Interpreter Full Name
Provide the interpreter's Family Name and Given Name.
Business or Organization
Provide the interpreter's business or organization name where applicable.
Mailing Address
Provide the interpreter's complete mailing address.
Telephone and Email
Provide daytime telephone, mobile telephone and email information where applicable.
Language Used
Identify the language used to interpret the application for the applicant.
Certification, Signature and Date
The interpreter certifies that the application was interpreted accurately and signs and dates the section.
Preparer Contact Information, Declaration and Signature
Preparer Full Name
Provide the preparer's Family Name and Given Name.
Business or Organization
Provide the preparer's business or organization name where applicable.
Mailing Address and Contact Information
Provide the preparer's complete mailing address, telephone numbers and email address as requested.
Attorney or Accredited Representative
If the preparer is an attorney or accredited representative, complete the applicable representation information and submit Form G-28 where required.
Preparer Signature and Date
The preparer signs and dates this section when someone other than the applicant prepared the form.
Additional Information
Applicant Name and A-Number
Provide your identifying information at the top of the additional-information section.
Page Number, Part Number and Item Number
For every continuation or explanation, identify the exact page, part and item number.
PART NUMBER: 1
ITEM NUMBER: 32
Additional Sheets
If Part 9 does not provide enough room, follow USCIS instructions for additional sheets and identify every continued response clearly.
Supporting Evidence and Final Checks
Approved Immigrant Petition
For I-130, I-140 or I-360 cases, include the applicable approval information and a copy of the Form I-797 approval notice when available.
Department of State Visa Case Evidence
Provide evidence of the qualifying DOS immigrant visa case, including the NVC or KCC case information and required immigrant visa processing evidence where applicable.
Evidence of Qualifying Relationship
Provide civil documents proving the relationship to each qualifying spouse or parent.
Proof of U.S. Citizenship or Lawful Permanent Residence
Submit evidence showing that each qualifying relative is a U.S. citizen or lawful permanent resident.
Extreme Hardship Evidence
Submit evidence supporting every significant hardship claim, which may include financial, medical, psychological, family, educational and country-condition documents.
Removal Proceedings Records
If you have immigration-court history, provide relevant EOIR orders, administrative-closure documents, voluntary-departure records or final-order records as required.
Form I-212 Approval
Provide the I-212 receipt number requested by Form I-601A and/or the USCIS approval notice as applicable.
Criminal Records
If you were arrested, detained, charged or convicted, provide the arrest records, charging documents and certified court dispositions required by USCIS.
USCIS instructions specifically require disclosure and documentation for many such matters.
Evidence Supporting Favorable Discretion
Provide reliable evidence supporting the favorable factors described in your Part 5 statement.
Foreign-Language Documents
Any foreign-language document submitted to USCIS must include a complete English translation and the required translator certification.
Final Review Before Filing
Physical presence in the United States
At least 17 years old
A-Number if applicable
U.S. Social Security Number if applicable
USCIS Online Account Number
Full legal name
Every other name used
U.S. mailing address
U.S. physical address
Sex
Date and place of birth
Citizenship or nationality
Unlawful presence basis
Removal, exclusion or deportation history
Administrative closure if applicable
Final removal order if applicable
Approved I-212 where required
Voluntary departure history
Every criminal-history question
Every serious-conduct question
Biographic information
Correct immigrant visa basis
DV case number if applicable
I-130, I-140 or I-360 receipt number if applicable
NVC case number if applicable
Petitioner information
Qualifying relative name
Correct qualifying relationship
Additional qualifying relative if applicable
Proof of qualifying-relative status
Extreme hardship statement
Separation scenario
Relocation scenario
Discretion statement
Applicant contact information
Applicant signature and date
Interpreter section if applicable
Preparer section if applicable
Required supporting evidence
Certified English translations
Form I-601A must reflect your actual unlawful-presence history, immigration and criminal history, immigrant visa case, qualifying relatives, extreme hardship and supporting evidence.