How To Fill Out I-601A Provisional Waiver For Unlawful Presence Part 2
In the first post on “How To Fill Out I-601A Provisional Waiver for Unlawful Presence” we went over the requirements for the waiver and how to fill out part 1. Now, we’ll continue filling out the rest of the waiver form and talk about what happens after you send in the application. Remember, this waiver is just asking USCIS to forgive unlawful time you spent in the U.S. without legal status.
An approved I-601A waiver doesn’t guarantee that the green card application will be subsequently approved.
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How To Fill Out Form I-601A Provisional Waiver
Part 1: Information About You (page 4 )
37 to 45: Continue to answer the questions about your personal background and criminal history. As I said before, if any of your answers are Yes, don’t try to complete this application without first talking with an experienced immigration attorney.
Part 2: Biographic Information
1. Select your ethnicity. If you are unsure, pick the one that you identify as.
2. Select your race. If you are unsure, or are mixed race pick the one you identify as.
3. Enter your current weight. You don’t need to be exact but it should be accurate. Ladies, no lying about your weight!
4. Enter your eye color.
6. Enter your hair color. If you color your hair, pick the color that you currently have not your natural hair color you were born with.
1a to 1e: Select the application that you initially filed with USCIS that was approved. If you are unsure, you can look at any letter that USCIS sent you and it should include the visa type and your receipt number (will need this later).
2a to 2d: If you won the visa lottery (diversity visa), this is where you enter you Department of State DV number. This should have been provided to you on the documents you receive from the DOS. If you don’t know what this number is, contact DOS at 606-526-7500 or email KCCDV@state.gov and ask them for it.
3a to 3b. Enter your USCIS receipt number (found on the approved I-130 petition letter called I-797 Notice of Action). Enter the NVC (national visa center) case number. This should have been provided to you in the documents you were sent after the I-130 petition was approved. If you don’t have it, call NVC at 603-334-0700.
3c to 3f: Fill out the name of the U.S. citizen or LPR that is petitioning for you. This person is referred to as the petitioner and isn’t always the same as the qualify relative.
Part 4: Information About Your Qualifying Relative
1 to 2: Fill out the name of the qualify relative who would face extreme hardship if this waiver were to be denied. Select their current immigration status (whether they are green card holder or US citizen) and their relationship to you.
3 to 5:If you have more than 1 qualifying relative, check Yes for questions 3 and then enter their full name. Otherwise, check No. Select the second qualifying relative’s current immigration status (whether they are green card holder or US citizen) and their relationship to you.
Part 5: Statement From Applicant (page 6)
This section allows you to write down the circumstances of case. I’d recommend that you first put your thoughts down on a separate paper and review it to make sure it’s clear and easy to understand. If you need help or English is not your first language, ask someone else to write it for you while you tell them what to say.
This is the most important part of the I-601A waiver and USCIS uses your statement to make a final decision on whether they will grant the waiver to you. You need to show that your qualifying relative will experience extreme hardship if you were denied. Of course, you can’t just say they will, you’d have to also provide evidence of everything that you are claiming.
For example, if your U.S. citizen wife doesn’t know how to cook or do drive and she would have difficult with these if you weren’t around isn’t extreme hardship. This would be a minor inconvenience. But, if your 90 year old mother is suffering from stage 4 cancer and can’t get out of bed, that is extreme hardship. You would then need to include documents from her doctors about her prognosis and impact on her life.
Part 6: Applicant’s Statement, Contact Info and Signature
1 to 2: If you can read English well enough to understand it, check the first box. Otherwise, if you are going to use an interpreter check 1b and include the language you are most comfortable speaking and reading in. In question 2, enter the name of the preparer if you are not the person filling out the waiver.
3 to 5: Enter your daytime and mobile phone number. If these are the same, enter it twice. Type in your email address if you want notifications sent to your inbox. I highly recommend using an email because you get the notice a lot faster than by mail.
Part 6: Applicant’s Statement, Contact Info and Signature (page 7)
6. Read the statement carefully and if you agree with it, sign your name and date it.
Part 7: Interpreter’s Contact Info and Signature
1 to 7: If you are using an interpreter, either fill out their contact information or have then fill it out themselves. The interpreter will need to certify that they are fluent in English and your native tongue. Finally, the interpreter signs and dates the form.
Part 8: Preparer’s Contact Info and Signature (page 8)
1 to 8: If someone other than yourself is filling out the form, they will need to enter their contact information here. The preparer will need to certify that they filled out this form with your permission and that it complete and true. Finally, the preparer signs and dates the form.
Part 8: Preparer’s Contact Info and Signature (page 9)
1 to 7: This last page of the waiver gives you additional space to explain your answers on the previous pages. If you feel you need more space, you can include an additional typed page with this application. Otherwise, for each answer you want to clarify you can use this page. Remember to include the page number, part number and item number of each question you want to explain further.
That’s it, you’re done!
Final Thoughts On Filling Out Form I-601A Waiver
I hope you found this step by step guide helpful in how to fill out the I-601A waiver. Remember, this can be done yourself if you have a simple case of overstaying a visa or entering the US illegally but without any removal proceedings or deportation orders on your record. If you’ve been convicted of a crime, you should not fill this form our yourself and should talk to an immigration attorney.
I’ve seen it go really badly for people who didn’t take this waiver seriously. Using an immigration attorney is no guarantee and can also cause problems if they don’t fill it out correctly. I know someone who is now separated from his family in Mexico because their attorney checked the wrong box which resulted in the I-601A waiver being denied and was put into removal proceedings. One of the biggest issues that can cause problems are criminal convictions.
Even if they are expunged or you think it was removed from your record, you still need to select Yes when asked if you have EVER been convicted of a certain crime.
Finally, let me know in the comments below what you think about the waiver process. Did you find it easy? Were you approved or denied?
Ayan is the founder of the Migrant Academy community, the My Path To Citizenship Blog and Podcast.
After successfully navigating the hurdles of US immigration. She now dedicates her time to helping other couples achieve their goals of starting their new life together in the US.