I-601 waiver: Who qualifies? Eligibility Requirements
To be eligible for a provisional unlawful presence waiver, you must fulfill ALL of the following conditions:
- Be physically present in the United States to file your application and provide biometrics.
- Be 17 years of age or older.
- Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with Department of State (DOS) because you:
- Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
- Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee); or
- Are the:
- spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS, or
- the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)
- Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent.
- Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:
- More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or
- 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)).
- Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.