The I-601A provisional waiver helps green card applicants avoid getting stranded outside the U.S. after their visa interviews. Many applicants, after traveling to a U.S. consulate abroad, discover they cannot return because of time spent unlawfully in the U.S. Without a waiver, they may face years of separation from their families.
The provisional waiver (also called the stateside waiver) addresses this issue. By applying for an I-601A waiver before leaving the United States, applicants can secure a decision on their unlawful presence waiver from U.S. Citizenship and Immigration Services (USCIS) first. If approved, you can attend your visa interview abroad with greater confidence, knowing you are likely to reenter the U.S. legally. If the waiver is denied, at least you remain in the U.S. and can explore other options—including reapplying if eligible.
Who Is Eligible for the I-601A Provisional Waiver?
To qualify for an I-601A provisional waiver, you must meet these criteria:
Be eligible for an immigrant visa (through family sponsorship, employment, the Diversity Visa Lottery, or a special immigration program)
Be at least 17 years old
Be physically present in the United States when filing your application
Be otherwise admissible to the U.S. (you cannot be seeking a waiver for other grounds such as criminal issues or fraud)
Demonstrate that if your waiver is denied, your U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship.
Why the Provisional Waiver Matters
The I-601A waiver is a critical tool to keep families together and minimize disruption during the immigration process. It prevents the risk of being stuck outside the U.S. for months or even years while a waiver is processed abroad.
Even if USCIS denies your provisional waiver, you learn the outcome while still in the United States—giving you the chance to reapply or explore alternative immigration options without prolonged separation from your loved ones.
How Martinez Immigration Can Help
If you believe you may qualify for an I-601A unlawful presence waiver, Martinez Immigration can guide you through the application process, help build a strong case, and represent you if complications arise. In the event your waiver is denied or you are found ineligible, we can advise you on other legal strategies to help you remain in or return to the United States.
Contact us today to schedule a consultation and get personalized support with your immigration journey.
