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Instructions for Application for Provisional Unlawful Presence Waiver Department of Homeland Security U.S. Citizenship and Immigration ServicesUSCIS Form I601AOMB No. 16150123 Expires 07/31/2018What
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How to fill out provisional unlawful presence waiver

01
To fill out a provisional unlawful presence waiver, follow these steps:
02
Download Form I-601A from the official USCIS website.
03
Read the instructions carefully to understand the eligibility criteria and required documents.
04
Gather all the necessary supporting documents, such as evidence of your relationship to a U.S. citizen or lawful permanent resident spouse or parent, evidence of extreme hardship to your qualifying relative, and any additional supporting documentation mentioned in the instructions.
05
Complete the form accurately, providing all the required information.
06
Attach all the supporting documents to the application.
07
Double-check the form and supporting documents for any errors or missing information.
08
Prepare a cover letter explaining the purpose of the application and summarizing your case.
09
Make copies of the completed form, supporting documents, and the cover letter for your records.
10
Submit the application package to the designated address mentioned in the instructions.
11
Pay the appropriate filing fee as specified in the instructions.
12
Wait for a receipt notice from USCIS to acknowledge the receipt of your application.
13
USCIS will review your application and may request additional information or schedule an interview if necessary.
14
If approved, you will receive a notice of approval. If denied, you may have the option to file an appeal or reapply.
15
Please note that this is a general guide, and it is recommended to consult an immigration attorney for personalized advice specific to your case.

Who needs provisional unlawful presence waiver?

01
Provisional unlawful presence waiver is needed by individuals who are currently residing in the United States unlawfully and meet the following criteria:
02
- They are at least 17 years old.
03
- They are immediate relatives of a U.S. citizen (spouse, parent, or unmarried child under 21 years old).
04
- They have an approved immigrant visa petition (Form I-130) or qualify for the Visa Waiver Program.
05
- They can demonstrate that their U.S. citizen or lawful permanent resident spouse or parent will experience extreme hardship if they are not granted the waiver.
06
- They are able to depart the United States and attend their immigrant visa interview at a U.S. embassy or consulate.
07
It is important to consult an immigration attorney or review the official USCIS guidelines to determine if you qualify for a provisional unlawful presence waiver.
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The provisional unlawful presence waiver allows certain individuals who are unlawfully present in the United States to request a waiver of the unlawful presence grounds of inadmissibility before departing for immigrant visa interviews at a U.S. consulate or embassy.
Individuals who are the spouse or the child of a U.S. citizen can file for provisional unlawful presence waiver.
To fill out the provisional unlawful presence waiver, the applicant must complete Form I-601A and provide all required supporting documents.
The purpose of the provisional unlawful presence waiver is to allow certain individuals who are eligible for an immigrant visa to request a waiver of the unlawful presence grounds of inadmissibility before departing for immigrant visa interviews at a U.S. consulate or embassy.
The provisional unlawful presence waiver requires the applicant to provide information about their relationship to a U.S. citizen spouse or parent, their immigration history, and the reasons they are seeking the waiver.
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