The provisional unlawful presence waiver (I-601A) is a type of waiver that allows certain immigrants who are inadmissible due to unlawful presence in the United States to remain in the United States while their waiver application is pending. This waiver is available to immigrants who are the immediate relatives of U.S. citizens or lawful permanent residents, and who have accrued less than 180 days of unlawful presence in the United States.

To be eligible for the provisional unlawful presence waiver, you must meet the following requirements:

• You must be the immediate relative of a U.S. citizen or lawful permanent resident.
• You must have accrued less than 180 days of unlawful presence in the United States.
• You must not have been convicted of a crime involving moral turpitude (CIMT) or a drug-related crime.
• You must not have been a member of a subversive organization.
• You must be able to establish that your U.S. citizen or lawful permanent resident relative would suffer extreme hardship if you were unable to return to the United States.

If you are eligible for the provisional unlawful presence waiver, you can file Form I-601A with USCIS. You must file Form I-601A while you are still in the United States. Once you file Form I-601A, USCIS will review your application and make a decision. If your application is approved, you will be able to remain in the United States while your immigrant visa application is pending.

If you are inadmissible due to unlawful presence, you may also be eligible for a waiver of inadmissibility under INA 212(a)(9)(B). However, you cannot apply for this waiver while you are still in the United States. You must first leave the United States and apply for the waiver at a U.S. embassy or consulate abroad.

The waiver of inadmissibility under INA 212(a)(9)(B) is a more difficult waiver to obtain than the provisional unlawful presence waiver. To be eligible for this waiver, you must establish that you would suffer extreme hardship if you were unable to return to the United States. You must also establish that your presence in the United States would not be detrimental to the public interest.

If you are considering applying for a waiver of inadmissibility due to unlawful presence, you should consult with any of our  immigration attorneys in our law offices. An attorney can help you determine if you are eligible for a waiver and can assist you with the application process.