I-601A

Most visa refusals or other application denials are simple denials that do not carry any adverse affects beyond that particular application being denied.  However, in some cases, a denial come with other serious repercussions that come with bars to enter the United States.  Some of these bars are temporary and could last 5, 10, 15, or 20 years and others carry lifetime bars.

Form I-601A gives you a path to apply for a permanent waiver of the INA 212(a)(9)(B)(i)(I) or INA 212(a)(9)(B)(i)(II) (unlawful presence) bar in the United States if you would like to enter the US with an immigrant visa.

Applications for this hardship waiver are made on Form I-601A.  If you are in the United States and know that the only inadmissibility issue you have is due to an overstay then you can file an I-601A waiver and then process your immigrant visa at the Embassy.

I-601A filings are made with USCIS and generally take about 6 months to get a response.  The I-601 is a five step process.

Step 1.  Apply for permanent residency.  This can be an employment based or a family based green card filing.

Step 2.  Get your I-140, I-130, I-360, or DV lottery application approved.

Step 3.  Seek consular processing of your green card

Step 4.  File your I-601A and get it approved.

Step 5.  Pursue consular processing at the Embassy.  Reenter the US with your immigrant visa and get your green card!

If you are in the United States but are unable for adjustment of status solely because of INA 212(a)(9)(B)(i)(I) or INA 212(a)(9)(B)(i)(II) (unlawful presence), you can file an I-601A to process a waiver of this inadmissibility while you are in the United States.  Then after your I-601A is approved, you can pursue consular processing to obtain your immigrant visa (permanent residency).  This process, made available in 2013 and expanded in 2016, was developed to shorten the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while those relatives are obtaining immigrant visas to become lawful permanent residents of the United States.

To qualify for an I-601A provisional waiver, you must

• Be physically present in the United States;
• Be 17 years of age or older;
• Have an approved green card petition such as an I-140, I-130, I-360, or DV lottery beneficiary;
• Have a Us citizen or permanent resident spouse or parent who will suffer cause extreme hardship if you are separated;
• Need a waiver solely because of INA 212(a)(9)(B)(i)(I) or INA 212(a)(9)(B)(i)(II); and
• Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e).

If you are in removal proceedings or were previously removed, you are unlikely to be eligible.