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This document provides an overview of the proposed provisional unlawful presence waiver process by the USCIS, outlining eligibility, application procedures, and related questions and answers.
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How to fill out provisional unlawful presence waivers

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How to fill out Provisional Unlawful Presence Waivers: Questions & Answers

01
Gather necessary documentation, including proof of eligibility for a waiver.
02
Complete Form I-601A, the Application for Provisional Unlawful Presence Waiver.
03
Pay the required filing fee and biometric services fee.
04
Submit your application along with supporting documents to the appropriate USCIS address.
05
Await receipt notice from USCIS to confirm your application has been filed.
06
Attend the biometrics appointment, if applicable.
07
Wait for a decision on your waiver application before departing for consular processing.

Who needs Provisional Unlawful Presence Waivers: Questions & Answers?

01
Individuals who are in the United States unlawfully but have an immediate relative who is a U.S. citizen or lawful permanent resident.
02
Applicants seeking to obtain a visa to return to the U.S. after accruing unlawful presence.
03
Those who wish to minimize the time they are separated from their family during the immigration process.
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Provisional Unlawful Presence Waivers allow certain individuals who are in the U.S. unlawfully to apply for a waiver of inadmissibility before leaving the country, thereby making it easier to obtain a visa and re-enter the U.S.
Individuals who are applying for an immigrant visa based on a family relationship and who have accrued unlawful presence in the United States may be required to file for a Provisional Unlawful Presence Waiver.
To fill out a Provisional Unlawful Presence Waiver, applicants should complete Form I-601A and provide supporting documentation that demonstrates extreme hardship to a qualifying relative in the U.S.
The purpose of Provisional Unlawful Presence Waivers is to allow individuals to obtain a waiver of their unlawful presence before departing the U.S., reducing the time spent outside the U.S. awaiting a visa decision.
Applicants must report personal information such as their biographical data, details about their unlawful presence, the relationship to their qualifying relative, and evidence of extreme hardship if they were to be separated.
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