I-601a Waiver (Provisional Unlawful Presence Waiver)

The I-601A waiver lets eligible relatives of U.S. citizens or residents apply for forgiveness of unlawful presence before leaving the U.S., helping them avoid long separation and legal reentry bars.

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Provisional Unlawful Presence Waiver (I-601A Waiver)

The Provisional Unlawful Presence Waiver, or I-601A Waiver, allows certain foreign nationals who are immediate relatives of U.S. citizens or lawful permanent residents to remain in the U.S. while seeking a waiver for unlawful presence. This process helps families stay together and reduces the time spent outside the country during the immigrant visa process. It is especially helpful for those who would otherwise trigger the three- or ten-year reentry bar by leaving the U.S.

Eligibility Requirements

To apply for an I-601A waiver, applicants must meet the following conditions:

Be physically present in the United States at the time of filing
Have an approved immigrant visa petition (such as Form I-130 or I-360)
Be an immediate relative of a U.S. citizen or lawful permanent resident (spouse, parent, or child)
Demonstrate that a qualifying U.S. relative would suffer extreme hardship if the waiver is denied
Be inadmissible only due to unlawful presence

Applicants who are subject to other inadmissibility grounds—such as criminal offenses or immigration fraud—are not eligible for this waiver.

Application Process

The application begins with filing Form I-601A, along with comprehensive documentation proving the hardship that separation would cause. Supporting evidence can include:

Medical reports
Psychological evaluations
Financial records
Affidavits from relatives or professionals
Letters from employers or community leaders

Once the USCIS reviews and conditionally approves the waiver, the applicant can then leave the U.S. for the immigrant visa interview at a U.S. consulate abroad. If the visa is granted, they may reenter the U.S. legally and reunite with their family.

Key Benefits of the I-601A Waiver

This waiver offers critical advantages to families facing separation due to immigration law:

Minimizes time apart: Applicants wait in the U.S. for waiver approval before leaving for their visa interview.
Avoids long reentry bans: Helps prevent triggering the 3- or 10-year bar for unlawful presence.
Protects family unity: Reduces emotional and financial hardship associated with forced separation.
Streamlines the process: Provides more certainty for families and lowers the risk of being denied a reentry visa.

Legal Support Matters

Because each case must demonstrate the legal standard of extreme hardship, submitting a compelling, well-documented waiver package is crucial. An experienced immigration professional can help identify qualifying hardships, organize evidence, and strengthen your chances of approval. Missteps in this process can delay or jeopardize your family’s future, so seeking qualified guidance is strongly recommended.

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Q1: Can US Immigration Counsel help me get a green card through family or marriage?
Yes. Whether you’re married to a U.S. citizen, have a relative sponsoring you, or need to adjust your status, we handle family-based green card cases with care and precision.

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Absolutely. We fight deportation and removal cases in immigration court, build strong defenses, and pursue every legal option to protect your right to stay.

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Yes. We represent clients in asylum, VAWA, U Visa, and TPS cases—providing strong legal and emotional support throughout the process.

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Definitely. We guide clients through every step of the naturalization process, from preparing documents to interview coaching.

Q5: Can US Immigration Counsel help with immigration waivers or appeals?
Yes. If your case was denied or you need a waiver to move forward, we’ll review your options and build the strongest possible application or appeal.

Q6: I’m an employer looking to sponsor a foreign worker. Can you help?
Yes. We assist businesses and individuals with employment-based immigration, including work visas and green card sponsorship.

Q: Can US Immigration Counsel help me bring a spouse, child, or parent to the U.S.?
Yes. Family-based immigration is one of our core strengths. Whether your loved one is already in the U.S. or abroad, we’ll guide you through every step to bring them home legally and securely.

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No problem. We frequently help clients who started elsewhere or alone. We’ll review everything and let you know the smartest next step.

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Depending on your current status, you may still qualify. During your consultation, we’ll explore all your options and determine the best path forward.

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Contact us right away. Time is critical. We’ll review your case and act fast to protect your rights and build the strongest possible defense.

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There may still be legal options. Appeals, motions, or reopening your case could be possible—we’ll analyze everything and guide you on your next move.

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Not at all. Immigration law is federal, which means we can represent you whether you’re in another state or anywhere in the world. Our clients come from across the U.S. and beyond.

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