“Can I file an I-601A immigration waiver for my spouse?” FValdezLaw has compiled this deck to provide general information on the Provisional Unlawful Presence Waiver (I-601A) for U.S. Citizens applying for a spouse. This includes a breakdown on spousal petitions and who may qualify for this waiver and other info you will need when deciding whether to apply for the I-601A stateside immigration waiver for a spouse. Have a suggestion for additional immigration law topics? Let us know! Website: http://fvaldezlaw.com Facebook : https://www.facebook.com/FValdezLaw/ Twitter: https://twitter.com/fvaldezlaw LinkedIn: https://www.linkedin.com/company/567563 YouTube: https://www.youtube.com/channel/UCUrEkDM1oFUSMEUcTvAfbUg DISCLAIMER: The content of this powerpoint is not intended to substitute specific advice which is relevant to all of the facts and circumstances of your unique case. FValdezLaw recommends you seek a detailed legal consultation for that purpose.

1. U.S. Citizen Petitioning for their Spouse with Provisional
Unlawful Presence Waiver (I-601A)

2. U.S. Citizens (USC) Can
Petition For
● Their parents
● Their siblings
● Their spouse
● Their children (unmarried and
under 21)
● Their sons and daughters (over 21;
unmarried and/or married)
USCs Can Petition For

3. U.S. Citizens (USC)
Petitioning For Spouse
● To petition for their spouse, a USC
must demonstrate they are a USC
and prove they have entered into a
valid marriage. (Through Form I-130)
● The marriage must be valid in the
place where it occurred.
● Same-sex marriage is now authorized
throughout the U.S. and counts for
immigration purposes.
Frida and Diego have been married
for 24 years and have 3 kids.
Frida wants to petition for Diego.
USCs Can Petition For

4. If The Spouse Is In Another
Country
The immigrant spouse should not need a
waiver and might be able to come to the
U.S. as a lawful permanent resident (LPR)
through a process called consular
processing if the immigrant spouse:
● Lives in another country
● Has never overstayed a visa
● Has never acquired unlawful presence in the
U.S.
● Does not have a
○ Criminal history,
○ Deportation history,
○ Or other issues.
Magdalena and Carmen were married
in Coyoacan, Mexico. Magdalena has
never entered the U.S. Does
Magdalena need a waiver?
USCs Can Petition For

5. Waivers for Immigrant Spouse
in the U.S.
An immigrant spouse most likely will
need an unlawful presence waiver to
become a lawful permanent resident in
the future, if the immigrant spouse:
● Is in the U.S.,
● Entered the U.S. without permission,
and
● Stayed in the U.S. without permission
for 6 months or more since their 18th
birthday.
Is a Waiver Needed?
Diego entered the U.S. without
inspection. He has been living
undocumented in the U.S. for 26
years. Will he need a waiver?

6. What is a Provisional Unlawful
Presence Waiver (I-601A)?
For a spouse of a USC, an I-601A
waiver is needed for an individual who
entered the U.S. without inspection
and has stayed in the U.S. without
permission for 6 months or more, since
their 18th birthday.
(See disclaimer for information on
245(i) exception)
Waiver Needed
Frida and Diego have been married for
24 years and have 3 kids. Frida wants
to petition for Diego. He needs a
waiver.

7. Who qualifies for a waiver?
To qualify for an unlawful presence
waiver, the applicant must show
extreme hardship* to their U.S. Citizen
(USC) or Legal Permanent Resident
(LPR) parent or spouse.**
*The undocumented immigrant in this situation must show
that they have a USC or LPR parent or spouse.
**If the undocumented immigrant does not have a parent or
spouse that is a USC or LPR, they cannot apply for an
unlawful presence waiver.
Qualifying Relative
Magdalena has a USC spouse and
parent. She can file with either her
wife or mom.

8. Can I use my child as a
hardship?
Even though an undocumented
immigrant may have a USC child,
the immigrant will not be able to
become an LPR until they are able
to waive the 10 year bar from
entering the U.S.
USCs Can Petition For
The law does not allow an undocumented parent of a USC son or daughter
to use their child as a qualifying relationship for the I-601A.

9. Benefits of the Provisional Unlawful Presence Waiver
The provisional unlawful presence waiver is a benefit because previously
individuals could only ask for waivers while in their home country. They
often had to wait long periods of time to get an answer and if they were
denied they could not come to the U.S. lawfully without waiting 10 years.
The applicant will ultimately have to return to their home country to
complete the process. However, they will have an adjudication on their
waiver before returning to their home country. They should only leave the
U.S. with an approved I-601A.

10. Disclaimer
This powerpoint is for educational purposes only and should not be considered legal advice.
All USC spouses should consult with an attorney before deciding to petition for their immigrant spouse.
If the immigrant spouse entered legally, they may be eligible for Adjustment of Status.
If the immigrant spouse was the beneficiary or derivative of a petition filed on or before April 30, 2001,
they might have other options besides an I-601A.
If the spouse needs a waiver, make sure they have a qualifying relative and that they can show extreme
hardship.
Every case is different! Criminal issues, immigration history, multiple entries/exits, and many other issues
can make a case extremely complex. The government also has discretion to approve or deny cases.
Do not file paperwork without consulting with an experienced immigration attorney or BIA accredited
representatives.

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