I-601A Provisional Unlawful Presence Waiver Guide

USCIS PROVISIONAL WAIVER GUIDE

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.

Physical Presence You must be physically present in the United States when filing the application.
Age Requirement You must be at least 17 years old at the time of filing.
Immigrant Visa Case You must have a qualifying immigrant visa case pending with the Department of State.
Qualifying Relative The hardship relative must generally be a U.S. citizen or lawful permanent resident spouse or parent.
An approved I-601A is provisional.

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.

FORM I-601A — PART 1

Information About You

Alien Registration Number — A-Number

Enter your A-Number if USCIS or another immigration authority assigned one to you.

A-123456789

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.

FAMILY NAME: JANSEN
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.

FORM I-601A — PART 1

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?

YES Select when you physically live at the U.S. mailing address.
NO Provide your actual U.S. physical residence separately.

U.S. Physical Address

IF DIFFERENT

Provide street number and name, apartment, suite or floor, city, state and ZIP Code for your actual residence.

Sex

MALE Select the applicable current-form option.
FEMALE Select the applicable current-form option.

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.

FORM I-601A — PART 1

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

I-601A only waives unlawful presence provisionally.

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.

FORM I-601A — PART 1

Removal, Exclusion and Deportation History

Are You Currently in Removal, Exclusion or Deportation Proceedings?

YES Provide the requested information and determine whether your proceedings satisfy the eligibility requirements for I-601A.
NO Select No only when you are not currently in those 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

YES If you have a final order, I-601A eligibility can depend on first obtaining approval of Form I-212 where required.
NO Select only if no final order applies.

Voluntary Departure

Answer the voluntary-departure questions accurately. An unexpired grant of voluntary departure can affect eligibility for I-601A.

Do not confuse expired voluntary departure with an active grant.

If the departure period expired without departure, the immigration consequences may include an outstanding removal order. Review the actual court record.

FORM I-601A — PART 1

Form I-212 Information

Do You Have an Approved Form I-212?

IF YOU HAVE A FINAL REMOVAL, DEPORTATION OR EXCLUSION ORDER

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.

EXAMPLE RECEIPT FORMAT:
IOE1234567890
FORM I-601A — PART 1

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.

A dismissal does not necessarily mean the incident can be omitted.

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.

FORM I-601A — PART 1

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.

Give a complete explanation for any Yes answer.

These questions can indicate potential grounds of inadmissibility outside the unlawful-presence waiver covered by I-601A.

Criminal history does not automatically mean an I-601A will be denied.

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.

FORM I-601A — PART 2

Biographic Information

Ethnicity

HISPANIC OR LATINO Select if applicable.
NOT HISPANIC OR LATINO Select if applicable.

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.

FORM I-601A — PART 3

Information About Your Immigrant Visa Case

Basis for Immigrating to the United States

Select only one basis for your immigrant visa case.

DIVERSITY VISA PROGRAM SELECTEE OR DERIVATIVE Use when your immigrant visa case is based on the Diversity Visa Program.
IMMEDIATE RELATIVE — FORM I-130 Use for an applicable immediate-relative immigrant petition.
PREFERENCE-BASED FAMILY — FORM I-130 Includes qualifying derivatives.
EMPLOYMENT-BASED — FORM I-140 Includes qualifying derivatives.
SPECIAL IMMIGRANT / WIDOW — FORM I-360 Includes qualifying derivatives where applicable.
PART 3 — DIVERSITY VISA

Diversity Visa Case Information

DOS DV Case Number — KCC Case Number

IF DV SELECTEE OR DERIVATIVE

Provide the Diversity Visa case number assigned by the Department of State Kentucky Consular Center.

DV Program Selectee's Full Name

IF YOU ARE A DERIVATIVE

If your spouse or parent is the principal DV selectee, provide that person's Family Name, Given Name and Middle Name.

PART 3 — IMMIGRANT PETITION

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.

IOE1234567890

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.

FORM I-601A — PART 4

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.

FAMILY NAME: DE VRIES
GIVEN NAME: JOHN
MIDDLE NAME: ALEXANDER

Relationship to You

U.S. CITIZEN SPOUSE Select when the qualifying relative is your U.S. citizen spouse.
U.S. CITIZEN PARENT Select when the qualifying relative is your U.S. citizen parent.
LPR SPOUSE Select when the qualifying relative is your lawful permanent resident spouse.
LPR PARENT Select when the qualifying relative is your lawful permanent resident parent.
A child is not the statutory qualifying relative for this waiver.

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?

YES Provide the additional qualifying relative's name, relationship and evidence of U.S. citizenship or lawful permanent residence.
NO Select when only one qualifying relative applies.

Additional Qualifying Relative

IF YES

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.

FORM I-601A — PART 5

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.

Consider actual circumstances involving:
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.

Possible relevant issues can include:
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.

Ordinary separation is not automatically extreme hardship.

USCIS considers the totality of the circumstances. Build the explanation around the actual facts of the qualifying relative, not generic statements about family separation.

FORM I-601A — PART 5

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.

Do not simply ignore adverse history that is already contained in government records.
FORM I-601A — PART 6

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

Every application must contain a valid signature.

A stamped or typewritten name does not replace the required signature.

FORM I-601A — PART 7

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.

FORM I-601A — PART 8

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.

FORM I-601A — PART 9

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.

PAGE NUMBER: 4
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.

BEFORE FILING

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

IF REQUIRED BECAUSE OF A FINAL ORDER

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.

Do not omit expunged or sealed matters solely because the record was cleared.

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

Check at minimum:
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
Final Rule: Never copy the sample answers.

Form I-601A must reflect your actual unlawful-presence history, immigration and criminal history, immigrant visa case, qualifying relatives, extreme hardship and supporting evidence.

No matching Form I-601A topic was found.
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