Application for Provisional Unlawful Presence Waiver
Waiver for unlawful presence before consular processing.
When this applies to you
- You're an immediate relative of a U.S. citizen or LPR
- Your only inadmissibility is unlawful presence
- You can demonstrate extreme hardship to a qualifying U.S. relative
- You're filing before you depart for your consular interview
Documents you'll need
You upload these while filling out the form. You can start now and add them as you go.
- Your DOS immigrant visa processing fee receipt
Or other evidence of payment, for the NVC case linked to the petition. Place it ON TOP of Form I-601A in the envelope. NVC can send you another copy.
- The approval notice (Form I-797) for the Form I-130, I-140 or I-360 petition
The one filed for you, your spouse or parent, or by yourself. The Instructions ask for it "if available", but USCIS rejects an application without evidence that the petition was approved.
- A printout from the DV Entrant Status Check page of the DOS Electronic Diversity Visa website
It confirms that you (or your spouse or parent) were selected. Place it on top of Form I-601A in the envelope. No visa fee receipt is needed for the DV Program.
- Evidence of your relationship to the principal beneficiary or DV selectee (your spouse or parent)
Marriage certificate, or your birth certificate showing that parent's name (see the relationship evidence listed in the Instructions).
- Your marriage certificate with your spouse (qualifying relative)
- Your marriage certificate with your spouse (qualifying relative)
- If you or your spouse were previously married: evidence that each prior marriage legally endedOptional
Divorce decree, death certificate or annulment decree.
- If you or your spouse were previously married: evidence that each prior marriage legally endedOptional
Divorce decree, death certificate or annulment decree.
- Your birth certificate, showing your name and your parents' names
- Your birth certificate, showing your name and your parents' names
- If your mother's name changed since your birth: the legal document that authorized the changeOptional
- If your mother's name changed since your birth: the legal document that authorized the changeOptional
- Your parents' marriage certificate or evidence of legitimation before age 18 — or, failing that, evidence of a bona fide parent-child relationship
Born out of wedlock and not legitimated before 18: any evidence that a bona fide relationship existed with your father while you were unmarried and under 21 (he lived with you, supported you, or showed continuing parental interest in your welfare). Also include, if any, evidence that your parents' prior marriages legally ended.
- Your parents' marriage certificate or evidence of legitimation before age 18 — or, failing that, evidence of a bona fide parent-child relationship
Born out of wedlock and not legitimated before 18: any evidence that a bona fide relationship existed with your father while you were unmarried and under 21 (he lived with you, supported you, or showed continuing parental interest in your welfare). Also include, if any, evidence that your parents' prior marriages legally ended.
- The marriage certificate between your natural parent and your step-parent, before you turned 18
Also include, if any, evidence that their prior marriages legally ended.
- The marriage certificate between your natural parent and your step-parent, before you turned 18
Also include, if any, evidence that their prior marriages legally ended.
- The final adoption decree, and evidence of adoption before age 16 and of two years of legal custody and residence together
Before 18 if your adoptive parent also adopted your natural sibling.
- The final adoption decree, and evidence of adoption before age 16 and of two years of legal custody and residence together
Before 18 if your adoptive parent also adopted your natural sibling.
- Evidence of your qualifying relative's U.S. citizenship
Their U.S. birth certificate, naturalization certificate or certificate of citizenship, unexpired U.S. passport, or Form FS-240 (Report of Birth Abroad).
- Evidence of your qualifying relative's U.S. citizenship
Their U.S. birth certificate, naturalization certificate or certificate of citizenship, unexpired U.S. passport, or Form FS-240 (Report of Birth Abroad).
- Your qualifying relative's permanent resident card, front and back
If they have not received it yet: the biographic pages of their passport and the page showing their LPR status, or any other USCIS or INS evidence of it.
- Your qualifying relative's permanent resident card, front and back
If they have not received it yet: the biographic pages of their passport and the page showing their LPR status, or any other USCIS or INS evidence of it.
- The death certificate of your spouse or parent who filed the petition
- Evidence of your other qualifying relative's U.S. citizenship or LPR status
U.S. birth certificate, naturalization certificate or certificate of citizenship, U.S. passport, FS-240; or permanent resident card, front and back.
- Evidence of your relationship to your other qualifying relative
Spouse: marriage certificate and end of prior marriages. Mother: your birth certificate. Father: your birth certificate and your parents' marriage certificate or evidence of legitimation or of a bona fide relationship. Step-parent: your birth certificate and the marriage certificate from before you turned 18. Adoptive parent: adoption decree and custody evidence.
- Evidence of your relationship to your other qualifying relative
Spouse: marriage certificate and end of prior marriages. Mother: your birth certificate. Father: your birth certificate and your parents' marriage certificate or evidence of legitimation or of a bona fide relationship. Step-parent: your birth certificate and the marriage certificate from before you turned 18. Adoptive parent: adoption decree and custody evidence.
- Expert opinionsOptional
- Evidence of employment or business ties (payroll records, tax statements…)Optional
- Evidence of monthly expenditures (mortgage, rental or bill payment receipts…)Optional
- Other financial records supporting any claimed financial hardshipOptional
- Medical documentation or evaluations by medical professionalsOptional
- Records of membership in community organizations, volunteer service, cultural affiliationsOptional
- Birth, marriage or adoption certificates supporting any claimed family tiesOptional
- Affidavits or statements under penalty of perjury (28 USC 1746), or letters from the qualifying relative or others with personal knowledge of the hardshipOptional
- Country condition reportsOptional
- Any other evidence supporting the claimed extreme hardshipOptional
- The EOIR administrative closure order
- All documents from the terminated proceedings, including the order terminating them
- The approval notice for your Form I-212 (optional)Optional
- If you withdrew voluntary departure or it was otherwise terminated: the court documents (if applicable)Optional
- Evidence of your admission or parole at your last entry
Your Form I-94, or your passport with the admission or parole stamp, or other DHS-issued evidence. Without it, and if DHS has no record, USCIS presumes entry without inspection. Failing that, records kept by others than DHS, or statements under penalty of perjury from you and witnesses.
- Certified court dispositions, and arrest reports and charging documents, for each charge
Even if the records were expunged, sealed or cleared after a diversion program, and even if you were told you no longer have a criminal record.
- If you were arrested but not charged: the arrest report and documentation showing you were not chargedOptional
From the arresting authority, prosecutor's office or court, if available.
- Full English translations of your foreign-language documents (if applicable)Optional
With the translator's certification that it is complete and accurate and that they are competent in both languages, with their signature, printed name, date and contact information.
- Your attorney's or accredited representative's Form G-28 (if required)Optional
- Form G-1145, included with the application (optional)Optional
To be notified by email or text message when USCIS accepts the application.
How the filing works
- 12 guided sections in your language. We only ask the questions that apply to you.
- Your answers are saved as you go, so you can stop and come back
- We fill the official USCIS PDF and you sign it online