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What are l1601A provisional unlawful presence waivers?

On Behalf of | Dec 30, 2020 | Immigration |

A person with relatives in the United States who unlawfully entered the country must return to their country of origin for a green card appointment in certain circumstances. Since March 2013, certain visa applicants can apply for a provisional unlawful presence to return. These l601A provisional waivers must comply with certain immigration rules.

Returning abroad

Aliens who are ineligible to adjust their status in this country must travel abroad and obtain an immigrant visa. If they accrued over 180 days of unlawful presence in this country, they must obtain a waiver of inadmissibility before they return. Usually, these individual cannot apply for a waiver until they appeared abroad for immigrant visa abroad a Department of State consular officer determined that they are inadmissible to the United States.

Provisional unlawful presence waiver process

This process allows eligible individuals for an immigrant visa who only need the waiver of inadmissibility to apply for that waiver in the United States before they go overseas for their immigrant visa interview. Immediate relatives, family-sponsored or employment-based immigrants and diversity visa selectees are legally eligible for those visas.

This program is intended to reduce the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while those relatives are seeking visas to become lawful permanent residents in this country.


For eligibility, individuals must be at least 17 years old, be in this country to file their application and provide biometrics, meet the requirements and be in the process of obtaining an immigrant visa and have an immigrant case pending with the Department of State. They must also show that refusal of admission to this country will cause extreme hardship to their U.S. citizen or permanent resident spouse or parent.

Additionally, the alien needs to believe that they are or will be inadmissible because of an unlawful presence in this country which was over 180 days and less than one year during a single stay or one year or more during a single stay. They must also meet the requirements of federal regulations and Form l-601A and its instructions.

An alien is ineligible for these waivers if they do meet these requirements, are in removal proceedings that were not administratively closed, fail to meet any of the requirements in Form l106A and its directions and there is a final order of removal, exclusion, or deportation unless a Form l-212 application is granted.

These waivers may be revoked for specific reasons. But aliens may file an application to waive certain grounds of inadmissibility.

Am attorney can help you undergo this process. They can also help you seek legal remedies if visas are denied or revoked.