Inadmissibility and Waivers Page 18 of 32
If I have a Form I-485, Application to Register Permanent Residence or Adjust Status pending, am I eligible for a Provisional Unlawful Presence
Waiver?
No, individuals with pending applications for adjustment of status are not eligible for a provisional unlawful presence waiver. An adjustment of status
applicant who is inadmissible needs to file Form I-601, Application for Waiver of Grounds of Inadmissibility. You can only seek a provisional unlawful
presence waiver if you are an immediate relative (spouse, child, parent, or widow/widower) of a U.S. citizen, you are or will be inadmissible solely because
of your unlawful presence in the United States, and you have an immigrant visa case pending with the Department of State for immigrant visa processing.
If I am in removal proceedings, am I still eligible for a Provisional Unlawful Presence Waiver?
No, if you are in removal proceedings, you are not eligible for a provisional unlawful presence waiver unless your removal proceedings are administratively
closed and have not been placed back on EOIR’s calendar to continue the removal proceedings as of the date of filing the I-601A.
If I have been ordered removed, excluded, or deported from the United States, am I eligible for a Provisional Unlawful Presence Waiver?
No, you are not eligible if you are subject to an administrative final order of removal, exclusion, or deportation from the United States.
If I am subject to reinstatement of a prior removal order, am I still eligible for a Provisional Unlawful Presence Waiver?
No, you are not eligible if are subject to reinstatement of a prior final order of removal.
If I have already been scheduled by the Department of State for an immigrant visa interview, am I still eligible for a Provisional Unlawful
Presence Waiver?
Whether you are eligible for a provisional unlawful presence waiver depends on when DOS initially acted to schedule your immigrant visa interview.
If the Department of State initially acted prior to January 3, 2013 to schedule your immigrant visa interview for the approved immediate relative petition
upon which your Form I-601A is based, then, you are not eligible for a provisional unlawful presence waiver. The actual date and time that you are
scheduled to appear for your immigrant visa interview is not the date USCIS will use to determine if you are eligible to file a Form I-601A. USCIS will use
the date DOS initially acted to schedule your immigrant visa interview for the approved immediate relative petition upon which your Form I-601A is based.
If DOS initially acted before January 3, 2013 to schedule you for your immigrant visa interview, you are not eligible for a provisional unlawful presence
waiver, even if you failed to appear for your interview or you or DOS cancelled the interview, or requested that the interview be rescheduled to a date on or
after January 3, 2013.
If DOS initially acted on or after January 3, 2013 to schedule your immigrant visa interview for the approved immediate relative petition upon which your
Form I-601A is based, then you may be eligible for a provisional unlawful presence waiver provided that you meet all other requirements. See the DOS
www.immigrantvisas.state.gov webpage for more information.
Back to: Form I-601A FAQ's Inadmissibility and Waivers