Do You Qualify for a Provisional Waiver to Avoid Long Family Separation?
Everything You Need to Know About the I-601A Waiver and How It Can Help
What is the I-601A Provisional Waiver?
The I-601A provisional waiver is a special process that allows certain undocumented immigrants in the U.S. to apply for a waiver of their unlawful presence before leaving the country for consular processing. This greatly reduces the amount of time they are separated from their family abroad.
What Does the I-601A Waive?
The I-601A only waives unlawful presence — specifically, the 3-year or 10-year bars that apply when a person leaves the U.S. after being here without status for more than 180 days.
It does not waive other grounds of inadmissibility such as criminal convictions, fraud/misrepresentation, prior deportations, or health-related issues.
Who is a Qualifying Relative?
For I-601A purposes, only your U.S. citizen or lawful permanent resident spouse or U.S. citizen or lawful permanent resident parent can be a qualifying relative.
Your U.S. citizen children do not count as qualifying relatives for this waiver.
The Hardship Requirement
You must prove that your qualifying relative will suffer “extreme hardship” if you are not allowed to return to the U.S. This is the most important part of the waiver.
Strong hardship evidence includes:
Medical Hardship: Records showing your qualifying relative has serious health conditions requiring treatment in the U.S., or that they rely on your care.
Financial Hardship: Tax returns, bills, and evidence showing your income is essential to the family’s survival, or that relocating would cause economic collapse.
Emotional Hardship: Mental health evaluations, letters from counselors, and testimony showing your absence would cause depression, anxiety, or emotional trauma.
Educational Disruption: If your spouse or parent’s education or career training would be severely impacted by your absence or relocation.
Country Conditions: Evidence of dangerous or unstable conditions in your home country that would harm your qualifying relative if they had to relocate.
Difference Between I-601A and I-601
I-601A: Filed inside the U.S. for unlawful presence only, before leaving for consular processing.
I-601: Filed outside the U.S. (or sometimes inside if in removal proceedings) to waive multiple types of inadmissibility, including unlawful presence, fraud/misrepresentation, certain criminal offenses, and more.
If you have other inadmissibility issues besides unlawful presence, you will likely need the I-601 instead of (or in addition to) the I-601A.
The Process for the I-601A Waiver
Confirm Eligibility — Ensure no other inadmissibility issues besides unlawful presence.
File Form I-130 — Get your family petition approved first.
File the I-601A Waiver — Include strong evidence of extreme hardship to your qualifying relative.
Attend Biometrics Appointment — Fingerprints and background check.
If Approved — Schedule your consular interview abroad, then return with your immigrant visa.
Current Changes Under the Trump Administration
Increased scrutiny of hardship claims — USCIS officers may request more detailed and corroborated evidence.
Potential narrowing of qualifying relative definitions (proposals under review).
Longer processing times due to security checks and staffing shifts.
Why Contact J. Molina Immigration Law LLC
📞 Call 860-474-3705 — Attorney Velez-Molina crafts powerful, personalized hardship arguments supported by strong documentation, prepares you for the waiver process, and stays with you until your safe return with your immigrant visa in hand.