Provisional Unlawful Presence

Before provisional waivers came into existence in March 2013, immigrant families were torn apart by requirements that applicants for waivers had to return to their country of origin and request the waiver at a U.S. consulate abroad. This requirement was expensive, and often took months to complete. In the event the applicant was not granted the waiver, they faced periods of as long as 10 years away from their families.

With the I-601A, immigrant visa applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens may apply for these new waivers. The provisional waiver eliminates time in which the family must be apart while the applicant is applying for the waiver in his or her home country.