I-601 waiver: Who qualifies?. Eligibility Requirements

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.



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