The I-601A Provisional Unlawful Presence Waiver is also called the “provisional” or “stateside” waiver. This waiver allows people immigrating to the U.S. to apply for a waiver of the three- and ten-year bars for unlawful presence before leaving the U.S. so they can attend their consular interview. These waivers are for relatives of U.S. citizens and permanent residents, diversity visa lottery winners and immigrant visa applicants in other categories,

The provisional waiver allows immigrating family members of U.S. citizens to take advance measures while still in the U.S. to guard against the possibility of being trapped outside the U.S. for many years.

Who Can Use The I-601A Provisional Waiver 

To use the I-601A provisional waiver possibility, the applicant must meet all of the following criteria:

• Must be eligible for an immigrant visa to the U.S.
• Must be physically present in the U.S. at the time of submitting the waiver
• Must have reached the age of 17
• Must be otherwise admissible to the U.S. 
• An applicant who has, after the age of 18, accrued unlawful presence in the U.S. of 180 days or more, but less than 365 days and is barred from returning to the U.S. for three years
• An applicant who has accrued unlawful presence of 365 days or more and then left the U.S. and is barred from returning for ten years
• Applicant can supply evidence showing that, if not granted the waiver and green card, your qualifying U.S. citizen spouse or parent will suffer extreme hardship as a result.