I-601A – Provisional Unlawful Presence Waiver

This waiver forgives “unlawful presence” in the U.S. for those who would be subject to the 3 or 10 year bar once they leave the U.S. but not those who are subject to the permanent bar. Those subject to the permanent bar must wait 10 years outside the U.S.

If you are a spouse, son or daughter or a U.S. citizen or lawful permanent resident, you may apply for  a provisional unlawful presence waiver before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview.

However,  in order to obtain this waiver, you must demonstrate extreme hardship to a qualifying relative. Qualifying relatives must be spouses or parents who are US citizens or lawful permanent residents, but do not necessarily have to be the petitioner.

You must show that your  qualifying relative will suffer more than the usual hardship if you had to leave the U.S.. Demonstrating “extreme hardship” can be quite challenging as there is no law defining extreme hardship.

In order to be approved,  you must provide strong evidence that your qualifying relative will experience extreme hardship either in the U.S., if you are not allowed  stay in the U.S., or in your home country, if your relative accompanies you there.