San Francisco Bay Area Immigration Attorney

I-601A Provisional Stateside Waiver

On March 4, 2013 the provisional unlawful presence waiver (I-601A) was introduced. In the past, immediate relatives (spouses, children, & parents) who were unlawfully present in the U.S. and ineligible to adjust their status in the U.S. risked not being able to return to the U.S. if they departed to attend an immigrant visa interview at a U.S. consulate in their country of citizenship and had their waiver of inadmissibility denied.

The I-601A waiver makes it possible for the unlawfully present relatives of U.S. citizens to apply for the waiver while still in the U.S. Once they are ready to proceed to the immigrant visa interview portion of the process and if they are not considered inadmissible to the U.S. for any other reasons, they can travel abroad to the U.S. consulate in their country of origin without risking not being able to reunite with their family in the U.S.

Eligibility Requirements

  1. Be 17 years of age or older
  2. Be a parent or spouse of a U.S. citizen
  3. Have an approved I-130 Petition or I-360 Petition
  4. Have a pending case with the Department of State (DOS) for the approved I-130/I-360 Petition & have paid the DOS processing fees
  5. Prove that your absence will cause extreme hardship for your parent or spouse
  6. Be physically present in the U.S. in time of the application
  7. Complete the biometrics appointment


  1. You are inadmissible for a reason other than unlawful presence, examples include criminal issues, fraud, and having an illegal re-entry
  2. Your DOS interview was scheduled before January 3, 2013 or
  3. You are currently in removal proceedings