How do I know if I am eligible for a provisional unlawful presence waiver?
You may be eligible for a provisional unlawful presence waiver if:
1. You are physically present in the United States;
2. You are at least 17 years of age at the time of filing;
3. You are the beneficiary of an approved immigrant visa petition that classifies you as the immediate relative of a U.S. citizen;
4. You have an immigrant visa case pending with the U.S. Department of State, for which you have already paid the immigrant visa processing fee; and
5. You believe you are, or will be at the time of the immigrant visa interview, inadmissible based on having accumulated a certain period of unlawful presence in the United States.
6. You meet all other requirements of the provisional unlawful presence waiver as listed in the Form I-601A and its instructions.
How do I know if I am not eligible for a provisional unlawful presence waiver?
You are not eligible for a provisional unlawful presence waiver and your application will be rejected or denied if:
1. You do not meet one or more of the requirements listed above;
2. You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS;
3. You are in removal proceedings unless your removal proceedings are administratively closed and have not been re-calendared as of the date of filing of the I-601A;
4. You have been ordered removed, excluded, or deported from the United States;
5. You are subject to reinstatement of a prior removal order;
6. U.S. Department of State scheduled your immigrant visa interview prior to January 3, 2013, even if you failed to appear, or you or the U.S. Department of State cancelled or rescheduled the interview on or after January 3, 2013.
7. You do not prove that the denying your admission to the United States would result in extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion;
8. USCIS has reason to believe that the U.S. Department of State may find you inadmissible at the time of your immigrant visa interview for grounds other than unlawful presence.
How do I apply for the provisional unlawful presence waiver?
To apply for a provisional unlawful presence waiver you must file a Form I-601A, Application for Provisional Unlawful Presence Waiver. Make sure your application is complete, signed, and submitted with the correct application fees as well as biometric (fingerprints) fee. Follow the I-601A application instructions and check the USCIS web site at www.uscis.gov/forms for any updates to the instructions or required fees. You should notify the Department of State of your intention to file a provisional unlawful presence waiver. See the U.S. Department of State website at www.state.gov for more information on how to notify DOS.
If I have a pending or approved request for a provisional unlawful presence waiver can I receive temporary benefits?
The filing or approval of a provisional unlawful presence waiver will not affect an individual’s current immigration status in the United States. A pending or approved provisional waiver also will NOT:
1. Provide temporary benefits such as employment authorization or advance parole;
2. Provide lawful status;
3. Stop the accumulation of unlawful presence;
4. Provide protection from deportation;
5. Remove the requirement to depart the United States to seek an immigrant visa; or
6. Guarantee an immigrant visa or admission to the United States.