How to Apply for an I601A Provisional Waiver

The I-601A Provisional Waiver is a type of waiver that allows certain individuals who are ineligible to adjust their status in the United States to apply for a waiver of inadmissibility before departing the country to attend their immigrant visa interview. If approved, the waiver will forgive certain immigration violations and allow the individual to return to the United States after attending their interview.

Here are the steps to apply for an I-601A Provisional Waiver:

1. Determine your eligibility: To be eligible for an I-601A Provisional Waiver, you must be the immediate relative of a U.S. citizen, and you must have an approved immigrant visa petition. Additionally, you must be able to demonstrate that your U.S. citizen spouse or parent will suffer extreme hardship if you are not allowed to return to the United States.

2. Complete the Form I-601A: Once you determine that you are eligible for the waiver, you will need to complete and file the Form I-601A, Application for Provisional Unlawful Presence Waiver, along with the required filing fee.

3. Gather supporting documents: Along with the I-601A application, you will need to provide evidence to support your claim of extreme hardship to your U.S. citizen spouse or parent. This may include medical records, financial documents, letters from family and friends, and other supporting documents.

4. Submit the application: Once you have completed the I-601A application and gathered all necessary supporting documents, you will need to submit your application to the appropriate USCIS office. Be sure to include the required filing fee and any other supporting documents.

5. Attend your immigrant visa interview: If your I-601A application is approved, you will be able to attend your immigrant visa interview at the U.S. consulate in your home country. At the interview, you will need to demonstrate that you are otherwise admissible to the United States.

6. Wait for a decision: After your interview, the U.S. consulate will make a decision on your immigrant visa application. If your visa is approved, you will be able to return to the United States as a lawful permanent resident.

It is important to note that the process of applying for an I-601A Provisional Waiver can be complex and time-consuming. It is highly recommended that you seek the assistance of an experienced immigration attorney to help you with the application process.