Provisional Waiver

What is a Provisional Waiver?

A Provisional Waiver, Form I-601A, forgives illegal presence in the United States. Other applications may need to be completed, so it is very important to hire the best immigration lawyer for a Provisional Waiver. 

Getting a Petition approved is the first step for a Green Card. The next step for most is either filing an application with Immigration or consular processing

Foreigners with unlawful presence may need an in-between step before getting a Green Card.  Each day in the country without permission is “unlawful presence.”  So, visitors in the U.S. for eight months have two months of unlawful presence because tourists are usually only allowed six months of stay (8-6=2).  Persons who entered without authorization have unlawful presence for every day they are in the country. They need to file for a Provisional Waiver.

Who Qualifies for Provisional Waiver?

Family members of U.S. citizens and legal permanent residents (LPRs) 17 years of age or older who are eligible for immigrant visas.  If the person entered the US illegally, they must have done so ONLY ONCE after September 1997.  The following persons can apply:

  • adult and married children of U.S. citizens 
  • spouses and unmarried children of Legal Permanent Residents
  • siblings of U.S. citizens
  • a parent, spouse or children of U.S. citizens

The US citizen or legal permanent resident family is known as a Qualifying Family Member. They do NOT need to sponsor with an Affidavit of Support or file a petition, although they often do.