Form I-601A, Application for Provisional Unlawful Presence Waiver
Quick answer
Form I-601A forgives the unlawful presence penalty in advance for certain people who must leave the U.S. to get an immigrant visa. You must show extreme hardship to a U.S. citizen or permanent resident spouse or parent. It does not cover other problems, such as certain criminal issues.
- Who files
- The immigrant, with an approved petition
- For whom
- Relatives with a qualifying citizen or resident spouse or parent
- How to file
- After the petition is approved and the visa fee is paid.
- What happens next
- If approved, you attend the consular interview abroad.
Checklist: what to gather
Check what you already have. Nothing you check is sent or saved.
Common mistakes that cause delays
- Filing when another bar applies that this waiver does not cover.
Questions people ask
Is this the same as Form I-601?
No. The I-601 is a broader waiver usually filed after the consular interview.
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Official form
Download the newest edition and instructions free from USCIS. It opens the government website in a new tab.
uscis.gov/i-601aRelated forms
Sources: the USCIS Form I-601A page and the USCIS fee schedule (Form G-1055). Checked November 6, 2026. General information, not legal advice. Every case is different.
