Waivers of Inadmissibility
- I-601 A Provisional Waiver
- I-601 Waiver
- I-212 Waivers
- J-1 Hardship Waiver
- J-1 No Objection Waiver
- J-1 Waiver for Physicians
Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview. On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.
I-601A Eligibility requirements:
To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions:
– Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
– Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee);
– Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or
– Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)
– More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or
– 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).
You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:
You do not meet one or more of the requirements outlined in the Form I-601A and its instructions.