The New I-610A Provisional Waiver Form
Search articles:
Schedule an appointment

The New I-610A Provisional Waiver Form


The United States Citizenship & Immigration Service (USCIS) has made the much awaited application form for the new provisional waiver available on its site.

I-601A Provisional Waiver FormFollowing Obama's victory in November, the Department of Homeland Security (DHS)  acted quickly to  published a final Rule for the much awaited application for a Provisional Waiver for undocumented immigrants.  This Provisional Waiver is a Godsent to the Spouse or Parent of a US citizen that are unable to adjust their status to a legal resident while in the U.S.  because they either entered illegally or have remained out of status for more than six months.  The rule covers the process of fiing the Provisional Waiver on new form I-601A .

In the U.S. there are  spouses, children, and parents of U.S. citizens (immediate relatives) who are in the United States are not eligible to apply for lawful permanent resident (LPR) status while in the United States. Instead, these immediate relatives must travel abroad to obtain an immigrant visa from the Department of State (DOS) to return to the United States to request admission as an LPR, and, in many cases, also must request from the Department of Homeland Security (DHS) a waiver of inadmissibility as a result of their unlawful presence in the United States. Currently, these immediate relatives cannot apply for the waiver until after their immigrant visa interviews abroad. As a result, these immediate relatives must remain outside of the United States, separated from their U.S. citizen spouses, parents, or children, while USCIS adjudicates their waiver applications. In some cases, waiver application processing can take well over one year, prolonging the separation of these immediate relatives from their U.S. citizen spouses, parents, and children. In addition, the action required for these immediate relatives to obtain LPR status in the United States—departure from the United States to apply for an immigrant visa at a DOS consulate abroad—is the very action that triggers the unlawful presence inadmissibility grounds under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(9)(B)(i). As a result of the often lengthy processing times and uncertainty about whether they qualify for a waiver of the unlawful presence inadmissibility grounds, many immediate relatives who may qualify for an immigrant visa are reluctant to proceed abroad to seek an immigrant visa.

The goal of the provisional unlawful presence waiver process is to facilitate immigrant visa issuance for immediate relatives of U.S. citizens who are otherwise admissible to the United States except for the 3-year and 10-year unlawful presence bars, which are triggered upon departure from the United States.

This final rule is expected to result in a reduction of the time that U.S. citizens are separated from their immediate relatives, thus reducing the financial and emotional hardship for these families.

The new waiver process will allow eligible immediate relatives to apply for a provisional unlawful presence waiver while they are still in the United States and before they leave to attend their immigrant visa interview abroad. DHS anticipates that this new provisional unlawful presence waiver process will significantly reduce the time that U.S. citizens are separated from their immediate relatives. USCIS's approval of an applicant's provisional unlawful presence waiver prior to departure also will allow the DOS consular officer to issue the immigrant visa without further delay, if there are no other grounds of inadmissibility and if the immediate relative is otherwise eligible to be issued an immigrant visa.

For more information on the Provisiional Waiver see

A Summary of the Major Provisions of the New I-601A Provisional Waivers

To obtain a copy of the Provisional Waiver:

Articles related to this topic

  • Provisional Unlawful Presence Waivers - 601A Waiver for people who entered the U.S. illegaly

  • Videos related


    Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 35 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..

    Call for Appointment

    Call For




    nj immigration lawyers
    Sign up

    Immigration news
    A unique opportunity for pilots from every edge of the globe to acquire U.S. lawful residency (Green Card) has emerged. Currently there is an increasing scarcity of pilots in the United States, which ...
    It came as a surprise to Joseph Monetti (name changed for privacy) when he found out that his wife of 10 years and mother of three of his children, would not be granted legal status in the Uni...
    WASHINGTON — In the midst of a passionate political struggle about DACA, the program that protects from deportation young immigrants who, as children, were brought illegally to the Unite...
    Helena Santos entered the U.S. though the Mexican border in 2005. Years later she married an American citizen. They now have three children together. Helena’s husband took her to an immi...
    The Greek philosopher of Ephesus ( 500 BCE), is best known for his doctrines that “there is nothing permanent except change.” Not so with the Republican Party. As the world transforms, an...
    Donald Trump has been very vocal with his opinions about the H-1B visa program. He has not been clear in terms of what his actual plan for the program is, but earlier this year he was quoted...
    WASHINGTON— The intense political fight that would    affect millions of people who are in the United States illegally arrives to the Supreme Court on Monday. The court will decide th...